sripk
05-17 02:24 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
govindk
10-26 04:07 PM
I filed mine on July 27th. Still no EAD for me or my wife. :(
gomirage
05-28 05:19 PM
If you will work for a Canadian Company within US, then you need a US work visa (H-1B for example). However, in this process you will not satisfy the residency requirements for your Canadian PR. Please note that you need to live in Canada for at least 2 out of 5 year period to maintain the PR.
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
sweet_jungle
09-16 01:59 AM
I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?
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hasil
09-29 01:04 PM
I don't know how you can generalize like that. Sure that I was also burnt by a Desi company. But that is no excuse to say that All Desi company's are like that. I am sure this topic is very well discussed in some other thread. I am posting this as I am surprised not to see somebody jumping in against such generalizations.
So make it a promise to yourself that if you ever start a company you will not screw up anybody (desi or otherwise)
Chill man. I am just sharing my experience and giving practical opinion. If it helps you then thats fine else just ignore and move on. :)
So make it a promise to yourself that if you ever start a company you will not screw up anybody (desi or otherwise)
Chill man. I am just sharing my experience and giving practical opinion. If it helps you then thats fine else just ignore and move on. :)
waitforgc1
04-23 01:25 PM
so if we change the address online.. do we need to verify the address by taking infopass
appointment ??
appointment ??
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eager_immi
06-20 07:39 PM
My Lawyer put the A# from the EAD used during OPT. She put OPT in brackets and mentioned to me that USCIS will change this A#.
solaris27
10-02 09:51 AM
you can apply .
You don't need to be a US citizen or Permanent resident to qualify for student loans .
You don't need to be a US citizen or Permanent resident to qualify for student loans .
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skg
02-12 08:09 AM
No FP yet. July 2nd filer. Had Open SR and even took infoPass appointment.No luck so far.
tdasara
03-08 09:14 PM
The OVERFLOW from EB1 and EB2 is directly going to EB3!
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GC109
06-22 02:53 AM
I'm the first one to have the GC processed in my company. The process was started sometime in Dec 2006 and most likely my attorney would file PERM Labor in this week. Will USCIS consider auditing in my case as I'm the first one in my company? Any ideas? The company is like 2-3 years old. Please let me know your thoughts.
My employer is from California..which center it belongs to? Chicago or Atlanta?
My employer is from California..which center it belongs to? Chicago or Atlanta?
mangelschots
05-03 02:24 PM
other than waisting my time (5min) in signing this petition (which by the way is another source of 'compelling stories'), is this bill worth the effort of IV core and IV members to support and follow-up, i.e. is it a good bill for us ? I have not read the bill itself. I am not very familiar with navigating the US legislation system. Do we have any idea what kind of support is out there for this bill ? Is this bill going to solve anything ? It is one thing to mandate fixing the system. The other thing is to actually do it. FBI recently canceled a big IT project that lasted a couple of years and is basically scrapped. Was that system supposed to fix the FBI namecheck backlog but failed ? Even if this bill passes and congress 'mandates' the FBI to fix the system, how long will it take to fix it ? They could spend another 3 years implementing a new system (personally I don't understand why - there is plenty of COTS tools out there to implement a Google-like system). But voting this bill could put a new urgency on the matter and inject new money in the effort.
Or am I waisting everybody's time on this and does it not pertain to our cause (getting CIR passed) ?
Or am I waisting everybody's time on this and does it not pertain to our cause (getting CIR passed) ?
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gcseeker2002
12-21 10:40 AM
I spoke personally to the SFO consulate and they said , unless you have something in your passport that is valid you need a transit visa. They dont care about other forms of travel.
karthkc
05-14 04:46 PM
Thanks IV for your efforts on this. This is jsut personal, but I do find the timing too much of a coincidence. My thought would be related to the increase in filing fees aspect that will now net USCIS a goldmine in terms of huge filings.
Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?
That would net some savings for filers who have multiple dependents.
Just a thought.....
Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?
That would net some savings for filers who have multiple dependents.
Just a thought.....
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wandmaker
01-10 12:46 AM
EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
since you are using your husband's nationality (x-chargability), you should have your GC in 6-12 months provided your name check has cleared.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
since you are using your husband's nationality (x-chargability), you should have your GC in 6-12 months provided your name check has cleared.
shar533
05-23 11:03 AM
Mr Aggarwal
Thanks a lot for clarification. So that means I dont have to worry about anything and if USCIS approve my case that shall be for 1 year and 4 days.
Sharma
Thanks a lot for clarification. So that means I dont have to worry about anything and if USCIS approve my case that shall be for 1 year and 4 days.
Sharma
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qualified_trash
11-16 09:53 AM
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
your information is not accurate.
filing for AOS does not give you an EAD. You have to apply for it.
There are many people who remain on their H1 after filing AOS as travel on a valid H1 with a valid Visa stamp is a lot easier than applying for AP etc...........
your information is not accurate.
filing for AOS does not give you an EAD. You have to apply for it.
There are many people who remain on their H1 after filing AOS as travel on a valid H1 with a valid Visa stamp is a lot easier than applying for AP etc...........
karthiknv143
07-26 03:01 PM
Please update the tracker
Nw2GC
04-30 12:16 PM
I was wondering if they have restarted premium processing for I-140 yet?
txh1b
04-16 02:31 PM
Other option is Try to get from University. They will have the copy for the sure.
OP already did that and they seem to have purged it as per his first post.
OP already did that and they seem to have purged it as per his first post.
TeddyKoochu
01-06 10:04 AM
There will be no movement for EB2I without spill over. It seems this year is the key as the spillover expected is much more than the previous years (based on the pending application numbers). 10K from last year's family based leftover numbers should also go to EB2 I and EB2 C.
Any guidance when the FB numbers will be utilized or will they also be utilized in the last quarter. These are sufficient to clean out the EB2 I & C 2005 backlog.
Any guidance when the FB numbers will be utilized or will they also be utilized in the last quarter. These are sufficient to clean out the EB2 I & C 2005 backlog.
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