snathan
05-17 05:02 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.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
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.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
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Vishal2007
02-04 06:33 PM
i was totaly upse about this post, here is my correct entry
definitely your entry should be denied, you are not capable to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic violence there are on citizen/GC (either one of them),
definitely your entry should be deneid, you are not uncapale to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic voilence there are on citizen/GC (either one of them),
definitely your entry should be denied, you are not capable to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic violence there are on citizen/GC (either one of them),
definitely your entry should be deneid, you are not uncapale to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic voilence there are on citizen/GC (either one of them),
golgappa
08-17 05:56 PM
Thanks for your reply..
Can anyone else share there views....
Can anyone else share there views....
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needhelp!
10-19 01:35 PM
Hi all
We want to make IV famous at this event and need sales personnel to talk to visitors.
Please sign up on this thread if you would like to volunteer for this task.
We need all the help we can get. 30,000 + attendees expected to attend the event.
This will be on Nov 10 th 2007 from 3pm - 11pm. Please vote and let me know if you can be there for the entire duration or choose a time slot.
Thanks!
We want to make IV famous at this event and need sales personnel to talk to visitors.
Please sign up on this thread if you would like to volunteer for this task.
We need all the help we can get. 30,000 + attendees expected to attend the event.
This will be on Nov 10 th 2007 from 3pm - 11pm. Please vote and let me know if you can be there for the entire duration or choose a time slot.
Thanks!
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loudobbs
09-25 11:21 AM
before the new quota begins..
Any ideas how many visas are left? I still see a few approvals in ...
Could we see more approvals coming starting Oct 1 st?
I am getting desperate. MY PD is Aug 03 EB2 and it is current. Every day is a torture working for my current employer...
my last resort will be AC-21 Jan 2008
Any ideas how many visas are left? I still see a few approvals in ...
Could we see more approvals coming starting Oct 1 st?
I am getting desperate. MY PD is Aug 03 EB2 and it is current. Every day is a torture working for my current employer...
my last resort will be AC-21 Jan 2008
rahul2699
05-24 07:23 AM
Thanks a lot I learned a lot here.
if you've benefited from the forum, please think about participating IV efforts. This campaign is working hard towards bringing relief to the EB community so that we don't have to go through H-1B extension/transfer hassles.
if you've benefited from the forum, please think about participating IV efforts. This campaign is working hard towards bringing relief to the EB community so that we don't have to go through H-1B extension/transfer hassles.
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MDix
01-26 04:35 PM
Voted.
Thank's
MDix
Thank's
MDix
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jiraprapaasa
04-22 01:18 PM
My niece get a visa denial yesterday.
The consular said that she cannot speak English therefor they cannot issue a student visa for her to come to study 8th Grader in the US. What should I do to help her now. She really want to come study here.
Can I re apply or aplly in a different visa type...?
The consular said that she cannot speak English therefor they cannot issue a student visa for her to come to study 8th Grader in the US. What should I do to help her now. She really want to come study here.
Can I re apply or aplly in a different visa type...?
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satishku_2000
07-21 01:28 PM
Thank you katrina for your response.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
I think you can take your attorney to interview , If at all you have an interview. If you were never out of status since your last entry you should be good BTW whats your PD?
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
I think you can take your attorney to interview , If at all you have an interview. If you were never out of status since your last entry you should be good BTW whats your PD?
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dealsnet
01-13 01:48 PM
What you did is illegal. It can affect your H1B and GC.
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stucklabor
03-22 04:01 PM
All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
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suny_saini
08-06 07:17 AM
I-140 was approved on october 08, 2002
and it was filed on may 20, 2003
i dnt think that my dad filed I-485.
and it was filed on may 20, 2003
i dnt think that my dad filed I-485.
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ak27
08-15 11:10 AM
Hello,
I have filed for conversion and have been waiting since march 28th. It has been over 4 months and I am yet to hear anything. If you work for large organization then Atterney is going to scare you about possible fallout from denial. My Atterney did scare me but my job description remained exactly same so I am confident case will not be denied. However, it is painful wait but it may be worth it if there is going to be any retro relief in near future. I will post as and when I hear about my case.
I have filed for conversion and have been waiting since march 28th. It has been over 4 months and I am yet to hear anything. If you work for large organization then Atterney is going to scare you about possible fallout from denial. My Atterney did scare me but my job description remained exactly same so I am confident case will not be denied. However, it is painful wait but it may be worth it if there is going to be any retro relief in near future. I will post as and when I hear about my case.
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3ZS
May 12th, 2006, 07:39 PM
Thqnks for the reply...whats interesting is today I called 2 different camera places by me and pretended I was interested in the same kit I have and BOTH told me that the 70s camera body supports the sigma lens' I have - In fact they were putting together a package that included the very seme lens'
Im new to digital SLR's ...but I would think based on this info I have a bad camera body
Of course Nikon can't help support third party lenses. They have a specification (that isn't available to others) that specify how the interface between the camera and the lens should work - but the can't change that specification (or change what the camera does) in order to support other manufacturers lenses. If they really wanted other manufacturers to make lenses to work on Nikon, they would perhaps publish (or license) the specification. But I don't think Nikon is particularly interested in doing so.
Sigma, however, has made it their business to reverse engineer the interface between the camera and the lens, without the access to the specification. They therefore are responsible (even if they plead not so) for any malfunction between the two. However, one of the problems with reverse engineering is that you can only see what's being used at any particular time - the spec may well have some variations that aren't used in a particular setup, but allows for future expansion. This is where Sigma will have a problem when Nikon brings out a new/different camera model.
The firmware for the lens should be possible to upgrade, assuming it's a case of just not understanding some command or such.
--
Mats
Im new to digital SLR's ...but I would think based on this info I have a bad camera body
Of course Nikon can't help support third party lenses. They have a specification (that isn't available to others) that specify how the interface between the camera and the lens should work - but the can't change that specification (or change what the camera does) in order to support other manufacturers lenses. If they really wanted other manufacturers to make lenses to work on Nikon, they would perhaps publish (or license) the specification. But I don't think Nikon is particularly interested in doing so.
Sigma, however, has made it their business to reverse engineer the interface between the camera and the lens, without the access to the specification. They therefore are responsible (even if they plead not so) for any malfunction between the two. However, one of the problems with reverse engineering is that you can only see what's being used at any particular time - the spec may well have some variations that aren't used in a particular setup, but allows for future expansion. This is where Sigma will have a problem when Nikon brings out a new/different camera model.
The firmware for the lens should be possible to upgrade, assuming it's a case of just not understanding some command or such.
--
Mats
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ksrk
08-14 08:16 PM
I was also in limbo whether to apply AP now or no. My current AP is valid till Mid Jan 2009 And I am travelling india in Oct and will be back on 1st week on Nov. I decided not to apply AP now and will be applying renewal in mid Nov. Applied only EAD renewal.
But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?
Hey Som_yad,
The law requires that you be in the US only when the AP applicaiton is filed. You can leave the next day, if you like. Also, when you return, make sure you have a document to enter the US (say AP or H1B stamp+I-797) and a document you can show the CBPO that authorizes you to work (say EAD or I-797).
If you use your AP to enter the US, the expiration date on the I-94 will be a year from the day you enter, even if the AP itself expires sooner. All you need to make sure is that you use the AP to enter the US before it expires.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinion and preferences.
But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?
Hey Som_yad,
The law requires that you be in the US only when the AP applicaiton is filed. You can leave the next day, if you like. Also, when you return, make sure you have a document to enter the US (say AP or H1B stamp+I-797) and a document you can show the CBPO that authorizes you to work (say EAD or I-797).
If you use your AP to enter the US, the expiration date on the I-94 will be a year from the day you enter, even if the AP itself expires sooner. All you need to make sure is that you use the AP to enter the US before it expires.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinion and preferences.
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Green.Tech
07-24 03:12 PM
As per my attorney, there is no validity requirement for the passport, just that it should be valid at the time of AOS application. So, the OP should be ok. But like others said, do apply for a new passport as soon as possible.
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acepb
04-23 11:31 PM
...on getting your most-awaited award...patience is finally paying off...
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ramus
05-30 08:32 PM
While other members helping you can you also help IV and send some web-faxes..
Thanks.
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
Thanks.
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
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dan19
09-15 01:38 PM
Where did you get the numbers from?
Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
It is a truly daunting situation.
I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.
Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
It is a truly daunting situation.
I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.
dilipb
02-13 09:28 AM
Yesterday USCIS announced officially that they need 1300 officers.
Their recruitment, training etc itself is going to take about 4-5 months.
So I am now guessing that it surely will take about 4 years for them to fix this big issue of retrogression and also hopefully someone increases the VISA numbers by then.
Closing this thread from my perspective since I have some good information.
Thanks to all for providing inputs.
Their recruitment, training etc itself is going to take about 4-5 months.
So I am now guessing that it surely will take about 4 years for them to fix this big issue of retrogression and also hopefully someone increases the VISA numbers by then.
Closing this thread from my perspective since I have some good information.
Thanks to all for providing inputs.
needhelp!
10-19 10:39 PM
bump
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