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Hi
It's been 9 years since I filed for my Eb3. July 2002. Jan 2002 is currently being processed. Do not see it coming to July 2002 .. based on the trends so far. (may take 2 years or more for all I know)

When I filed for my EB3 .. i worked in as a support engineer.
Am currently a manager (not support but Web Projects). SO my previous job and current one do not have a huge overlap.


Questions for th gurus.
1. Do you think I should apply for EB2
2. If yes .. how much time will it take for me to get the GC? (quicker than my 2 years to indefinite for EB3)
3. Can I get my July 2002 priority date for my EB2.
4. Am currently on eAD. So is my wife. Will applying in EB2 affect my EAD?

Thanks
Vivek

Hi,

My EB2 labor PD 12/2002 is in Philadelphai backlog center. With the online backlog case status now available, I wanted to find out about my case.

However, lawyer is not giving my case number. Is there any way to find out. Gurus please help with suggestions.


Thanks

Processing dates are bogus.. Don't rely on that.

like the blurred japanese letter at the back

Go to near by ASC, mostly they will do it.

Mine also same postion, I got my FP appointment for 11/13 at chicago but I went to LA ASC on 10/25 surprisingly they didn't bothered about date ,time and place they taken my finger prints right away. So go to near ASC. best of luck.

Is there a way I can apply for a green card during residency for a future job two years down the road?

Same question came up for my wife in 2004 when she did not yet have a licence to practice dentistry and she wanted to apply as a dentist and our attorney told as that during LC when advertisments are placed at that time you should have the degree and the licence ready so as to apply for that particular job.My wife got her licence in 2005.Hope this answers your question.

Start renewing your passport asap. Its not a good idea to send expired/to be soon expired passport to USCIS. We will never know what kind of questions they ask. So my advise is please renew the passport asap. It takes max 2 weeks (Indian passport not sure about other countries).

My understanding is that once you I-485 gets approved, the H4 gets invalided. She needs an AP to return.

I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.

if you have applied in NSC, if you are not pushing it to move (through expedite SR or through local congressman etc), prepare to wait for close 120+ days. I am not kidding.

How long is it taking now a days to get AP approval. I am from TX and e-filed on 2nd Oct (ND 4th OCT 2010) and want to know when I can expect the approval.

Cyrus Mehta Law Firm and Associates. Little expensive but worth it.

My LC application (RIR PD Oct 2003) from company A is pending in P-BEC. My RIR got denied recently in Nov 06 and my company informed me that they are considering to use TR->RIR conversion to upgrade the LC to RIR. Can somebody please tell me the process of TR->RIR converion? How long it takes? Pros. and Cons. ?Any help is greatly appreciated

Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?

Thanks

I can comment on second item. I was in the same situation (PD March 05 @ D-BEC). There was absolutely no communication from DOL. One fine day in Sept, I got case approval notice (via lawyer). I think there is still hope yours may be done soon.

You ve 2 options:

a. Apply COS from H1 to L1 an H4 to L2. But I am not sure whether you can revert back to H1 at a later date.
b. Exit USA an re-enter using valid L1/L2 visa.

I am in a very Bad situation it seems, please help.

I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.

In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.

I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)

Please help

1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.

2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.

The lawyers that created those laws must have been on something ...

Thanks

Caution: You are taking Risk!

Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.

There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.

If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....

U.S. Citizenship and Immigration Services (USCIS) has launched its newly re-designed Web site (http://www.uscis.gov/portal/site/uscis). Although the Web site update was scheduled to be introduced September 22, 2009, attorney Eugenia Ponce visited the site Monday and has this report:

The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.

Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.

Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.



More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)

Nice. Really professional look. ;)

This is an option given to me by my lawyer - I can change job within my company to a differenct category, even though Green Card Process has to be restarted, we can port the priority date. So it is an option....



All,

My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?

Can anyone here provide some guidance or point him to the right discussion thread?

Thanks!!!

Did company B file the ammended 140 with immigration,if yes what happened to it.You could upgrade ths to premium processing and get an answer in 15 days.If approved I feel you would be safe.

I am planning to file Labor in EB2. My Attorney sent job requirement which needs Master's + 1 year experience. But my current salary is almost 20k less than prevailing wage (level 4) for senior software engineer. But currently my salary equivalent to wage level 2.

I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .

I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?

Any suggestions on this.

Thx
You should be drawing enough pay check to file under EB2 as of prevaling wage.Becareful..lot of screening is going on in PERM..
goto dol website and you can determine which level you belong to...

Alex,
Hope you can recognize me :)

Did you write to the Ombudsman in form 7001 about 140 delay ( other thread ). I sent it yesterday. When did you file 140 at NSC ?

Thanks,
Diptam

this is a standard reply when we enquire about a case.
I had enquired about 140 and got the same message. Then took an infopass and there the IO told there is nothing at 140 level and what I got is a standard reply .

ha ha ha....well said...


ofcourse they have been wasting watching stupid games in TVs / Stadiums instead could use 'that' time to gain some new skills / learn new technologies that are required to survive in the job market

First of all, is your profile legitimate? It shows your PD as Dec'07 / EB3/India and you are in 485 processing??????

anyway, as long as some fools doesn't admit the facts and realize the changing world, all those forums / blogs / hatred etc; will be just a waste of their time. ofcourse they have been wasting watching stupid games in TVs / Stadiums instead could use 'that' time to gain some new skills / learn new technologies that are required to survive in the job market.

Thanks for the reply.

I forgot to mention this is for new H1B filing, does it matter in that case?