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Yes to both questions.
Priority date can be retained only after 140 approval.

I have seen PERM applications get approved with multiple locations mentioned.
But it is on a case by case basis. You may need to prove the requirement for multiple location.

Thanks Morchu for clarifying this. I do not want to be unlawful at anytime. That's why I am trying to understand this process as best as possible and then plan accordingly. so when you say this "You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so" the only way to retain priority date is with approved I-140 .

Secondly, I read online either at this forum or at Murthy that one can include as part of "ETA form 9089" (Application for Permanent Employment Certification) a clause which states that the person "may be assigned to various, unanticipated sites throughout the United States". Is it true? And is it used widely by employers to retain flexibility?

Thanks a lot!!!!!!!!

Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).

Even though you entered under the VWP, and even though you remained here after your I-94 expired, you can file for AOS based on your marriage to a US Citizen.

Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.

There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps

You have two options. One is forget the current GC and take new job re-start your GC.

The second option is keep a copy of your I 140 approval. Join a new company. Re-Start the GC application. When the new labor is approved and lawyer is ready to ship the I 140 package to USCIS ask him to include the copy of Old I 140 approval notice in it with a cover letter to USCIS requesting porting the old priority date to your new application. ( I am not sure of job description in the 2 labors needs to be same/ similar for portablity. My guess is that it does not need to be strictly same but least in same field. Example IT to IT and not say IT to Finance or Healthcare etc)
The best bet is to take an appointment with a lawyer and go over it. Also talk to new companys immigration attorney if he will support this porting when the time comes.

Wrong information. In order to retain the PD from old 140 when filing new 140, the both jobs need not be in same/similar field. You are confused with AC21 job change. The first 140 job can be a "cook" in eb3, and the new 140 job can be "rocket scientist" in eb1.

If your employer questions you.

Tell em you had an appoinment with the Senater. ;)

I think we all should VOTE in this poll.

Where you moved from NSC to TSC or did you file at TSC?

Here is the process for porting

1. Apply for EB2
2. Apply for I-140 under EB-2. Attached your old EB3 I-140 and request for a porting.

3. If you applied for 485 already then mention the A# so your 485 will get approved automatically.

Hope this helps.

CHeers, GG

Guys, I need to reschedule visa appointment through the vfs website. I understand we have to cancel our appointment to reschedule; However, I am not sure if we have to fill out all the applications ( DS-156 & DS-157 ) again?

Did anyone go through this? Please let me know.

Is this for sport or for self-protection, if you don't mind me asking. What kind of gun would it be? Just curious.

For self protection.

However I have no clue about Guns... I am thinking about asking the Gun store owner and get more info about them.

For me Guns are like a computer is to my 90 years old Grandpa!

I have a approved I-140 (Jan 2005). My PD is March 2004 and I have already filed I-485 (filed simultaneously with 140). Now I am waiting for the PD to become current for 485 approval. My 6 years on H1 will expire in March 2007. I checked with my GC lawyer and he said that since I have a approved 140 I can apply for a 3 year extension on H1 six months before the H1 expiry. I have to travel to India in Feb-March 2007 and so my questions are:

1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?

2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.

3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?

Thanks in advance.

Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.

Thanks for your commitment...if you are frustrated by no movement in 6 months then imagine the plight of folks on this forum who have no priority date movement since Jan 2002 (9 years and counting)....most of them have literally became dormant with the long wait and some of them have become cynical and skeptical of the entire process and quite frankly about IV...it's hard to motivate and make them commit to supporting IV. There are few brave souls who refuse to give up and are fighting for the greater benefit of the entire community!

I am all for it. I know some members are bitter about this potential price hike but they can still choose not to, if they don't want to.

Actually, time is money. We should not underestimate the time value of our waiting in terms of dollars. It would be still beneficial to get the GC sooner despite higher cost and find the better paid jobs without strings attached. Still many good companies are unwilling to hire h-1 b for various reasons. The time value I have lost in years of waiting is a lot more costly.

As you all remember in economics, when the demand and supply doesn't meet and regulated with fixed price, there is a long line of waiting.

As the legal process is stuck, many people are considering marriage with citizens, which is not an option for me. If not well thought of before making a decision, many will eventually divorce and the cost will be even more costly for the individuals and to the society.

Sorry if that title is misleading.

How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?

Don' worry about the available visa numbers. Just express your hunch feeling.

Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?

I am hopefull of this happening next year.
What about you?

Wonderful Job!

Thank you very much for your prompt reply. Greatly appreciate.
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?

Regds,
Vani

No friend i am planning to do next week

Just to add a comment to my previous reply ---This is the best case scenario looking at the trendz nowadays ...

EB3 June 01

EB2 Dec 2000

I filed paper last year by myself (no additional $150) ... it's really easy .. only filled some basic questions .. I like paper because all my documents will be on the same envelope :D

online filing you still need to send some documents via mail.

will do the same this year (paper filing)..




Paper is at least $150 more (lawyer fee), but saves your visit to INS office for finger printing.

I asked same question to my lawyer 2 days ago & he said "YES". One can request to consider for multiple categories by reapplying I140 again. Lates USCIS's Q&A confirms that...

Q #3. What if the petitioner wants to request consideration of multiple visa categories on behalf of an alien beneficiary? [Answer Finalized on 06/30/09]

A. If you want to classify the alien beneficiary under multiple visa preference categories, file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.

As far as your labor qualifies for EB2, you are OK.

USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"

EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?

Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.

It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try

Hi Chandu

Were you able to talk to any good immigration attorney regarding what happens if I-140 is revoked. You can PM me to let me know.

Thanks.