bathuzp
11-10 10:39 AM
Hi All,
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
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ivuser9
03-28 07:42 PM
Thank you all for their replies, this helped
crystal
09-14 03:39 PM
are we not aliens?
i hear as if some aliens are speaking .
i hear as if some aliens are speaking .
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REEF�
06-06 05:21 PM
Nice work vd...lol I only see one path...
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Canadianindian
07-24 06:34 AM
You folks can apply for a Canadian immigration for yourself. It would take atleast 6 months. While she can live on Canadian bording city such as Windsor, and you can work in Detroit, MI. Detroit and Windsor are about 2 miles from each other, and I know many ppl who live in Windsro and work in Detroit.
eb3_nepa
01-08 04:36 PM
The H4 to H1 applied in 2006 quota is very slow.Some cases are getting approval even in jan(one of my friends wife got approval last week).
No rule yet to exempt H4 from H1 quota.
Hi,
Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
No rule yet to exempt H4 from H1 quota.
Hi,
Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
more...
GCwaitforever
04-10 02:21 PM
Also lots of people are putting the PD as April 1st 2001. Not sure if this is correct.
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Munna Bhai
02-08 11:59 AM
You want to keep your 140 intact for 2 reasons:
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
more...
p.guptapost
06-04 10:09 AM
Hi,
We paper filed thru about company attorney in May 1st week from Texas. Till now no receipt received.
Is there any way I can call USCIS to check status without receipt number in hand? Can they track it via SSN or alien no?
Pl. let me know.
We paper filed thru about company attorney in May 1st week from Texas. Till now no receipt received.
Is there any way I can call USCIS to check status without receipt number in hand? Can they track it via SSN or alien no?
Pl. let me know.
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EB3_SEP04
07-01 07:37 PM
Hi All,
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
more...
go2roomshare
04-12 08:35 PM
Yes you can. I do not see any reason why you can't complain to DOL. first thing they did not pay you for 6 months. Second they persuaded or forced you to fake resume so that you get placed and they can make more money. It is definitely valid to complain.
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DSLStart
07-28 09:53 PM
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On July 23, 2009, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
[
QUOTE=seeking_GC;560723]This is the content of the email I received.
Receipt Number: WACXXXXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
=========================
DSLStart can you please post the contents of the email you received?[/QUOTE]
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On July 23, 2009, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
[
QUOTE=seeking_GC;560723]This is the content of the email I received.
Receipt Number: WACXXXXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
=========================
DSLStart can you please post the contents of the email you received?[/QUOTE]
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ssingh92
05-03 01:17 PM
Hey - can you please tell me where you applied for the 4 yr DL. I have always got my DL extended only till I-94 expiry or of late - till my EAD expiry. I renew my DL in Columbus. Can you please share your experience as to where you got your DL renewed?
I think PA is very liberal in issuing the Dr. Lic. Last year (2008) I cam back from India using AP and I received my Dr. Lic renewed upto 2012. I just applied online printed the form, went Norristown (near King Of Prussia), showed him old unexpired Dr Lic, He took my picture and issued me Dr Lic..
This is why I dont want to move in other state. If I had to then I will keep my permanent address in PA, twice in a month will come back here.
I think PA is very liberal in issuing the Dr. Lic. Last year (2008) I cam back from India using AP and I received my Dr. Lic renewed upto 2012. I just applied online printed the form, went Norristown (near King Of Prussia), showed him old unexpired Dr Lic, He took my picture and issued me Dr Lic..
This is why I dont want to move in other state. If I had to then I will keep my permanent address in PA, twice in a month will come back here.
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tonyHK12
12-03 05:24 PM
A more aggressive statement (for selling) not too far from the truth...
There are 400-500,000 waiting in EB queues. Most of them would prefer to leave the country, than wait for 10-20 (30?) years for a green card.
Also at least 65,000 workers come in every year. We will also lose most of this every year unless GC is fixed.
(I am not talking about those who want to stay for 2-4 years only and go back)
There are 400-500,000 waiting in EB queues. Most of them would prefer to leave the country, than wait for 10-20 (30?) years for a green card.
Also at least 65,000 workers come in every year. We will also lose most of this every year unless GC is fixed.
(I am not talking about those who want to stay for 2-4 years only and go back)
more...
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sparky63
June 18th, 2005, 02:04 PM
*really* nice shot ... the bird's expression is great ("Hey! How dare you point that camera at me!")
Regarding the first shot, I guess I disagree with Henrik. The blurred bird detracts from an otherwise good shot (Nik's comments on color saturation make sense to me, too).
Shots 4 & 5 (the birds and their mirror images) are very nice.
Thanks for sharing your morning light with us.
Regarding the first shot, I guess I disagree with Henrik. The blurred bird detracts from an otherwise good shot (Nik's comments on color saturation make sense to me, too).
Shots 4 & 5 (the birds and their mirror images) are very nice.
Thanks for sharing your morning light with us.
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rajenk
08-18 02:31 AM
Hello All,
The lawyer did send separate checks and the applications were sent in a single package. As stated earlier I got my receipts. But my wife's check is not cashed yet. But today's (Aug 17th, 2007) receipting update from USCIS http://www.uscis.gov/files/pressrelease/ReceiptingTimes081707.pdf states that they have completed for July 2nd filers. Mine was submitted on July 2nd 2007. What are my options now?
1. What could be done if my wife's application was lost by USCIS?
2. What are the chances that I can re-file my wife's application again?
Please answer.
Thanks
Raj
The lawyer did send separate checks and the applications were sent in a single package. As stated earlier I got my receipts. But my wife's check is not cashed yet. But today's (Aug 17th, 2007) receipting update from USCIS http://www.uscis.gov/files/pressrelease/ReceiptingTimes081707.pdf states that they have completed for July 2nd filers. Mine was submitted on July 2nd 2007. What are my options now?
1. What could be done if my wife's application was lost by USCIS?
2. What are the chances that I can re-file my wife's application again?
Please answer.
Thanks
Raj
more...
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TeddyKoochu
01-24 10:04 AM
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.
This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.
This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.
girlfriend made remix of Lady Gaga#39;s
GCard_Dream
03-15 11:40 AM
Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same.
If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different.
Would you please give me as much info as you can cause I am seriously thinking about this option.
Thanks in advance.
You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different.
Would you please give me as much info as you can cause I am seriously thinking about this option.
Thanks in advance.
You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
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Munna Bhai
02-08 11:32 AM
Hello,
My thread had wrong title and that created more problem, hope this title makes sense and please feel free to share your experience.
I know the following, I worked very hard for the current company and they pay me the way they pay any immigrant. Atlast got my I-140 approved and now I would like to go ahead with available options and at any cost I will protect I-140 from being revoked.
If I-140 is not revoked:
a)One can extend H1b through any company for 3-years.
b)One can get PD ported.
If I-140 is revoked:
a)It is a grey area but commen-sense says that one is out-of-status.
How to protect I-140 being revoked:
a)Transfer the case to your own attorney?? See that employer or employer's attorney has not much say on your case file??
b)Give some valid reason to current employer until your I-140 from other company is approved.
Or any other thoughts???
My thread had wrong title and that created more problem, hope this title makes sense and please feel free to share your experience.
I know the following, I worked very hard for the current company and they pay me the way they pay any immigrant. Atlast got my I-140 approved and now I would like to go ahead with available options and at any cost I will protect I-140 from being revoked.
If I-140 is not revoked:
a)One can extend H1b through any company for 3-years.
b)One can get PD ported.
If I-140 is revoked:
a)It is a grey area but commen-sense says that one is out-of-status.
How to protect I-140 being revoked:
a)Transfer the case to your own attorney?? See that employer or employer's attorney has not much say on your case file??
b)Give some valid reason to current employer until your I-140 from other company is approved.
Or any other thoughts???
arunmohan
02-04 05:03 PM
Hello All:
Please let us meet in the weekdays for lunch. Please decide day and time. I will be there.
Please let us meet in the weekdays for lunch. Please decide day and time. I will be there.
gc28262
04-01 10:54 PM
Regarding your H1B status, please read the following newsletter from murthy.com
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.