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eb3retro

07-16 01:27 PM

Thanks Raj. I am sure this will be helpful to many other people here too. Appreciate your time to write it as points.

The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.

1. Join the new company (the client of your current company)

2. Have them file labor certification.

3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.

That is all it takes. This is a standard process.

Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.

Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.

Hope this clears your hold up.

PM me if you need further clarification.

Good luck on your new job.

-Raj:)

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k_sing

09-19 01:00 AM

Unfortunately Bitu72 did not have answer to my specific question, so the question is still Open.
Any appropriate response is much appreciated !

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calaway42

10-21 12:17 AM

my question is.. how do you guys start on ur piece?.. i mean do you outline with pencil tool first .. or what?

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GC2B

03-30 10:52 PM

Congratulations....
A couple of questions, which could everybody in analysis
- Did you use EAD ?
- Did you use AC21 ?

Thanks

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jumanji4u

04-08 09:36 AM

Hmmm....strange good words does seems like working....its all started with good news, then it went to universities ...now to a communities...sometimes the old words seems very very true..how ever you try to make the dog's tail straight ..it doesn't work..

Great people....you knowledge and education has come to great use..hats off..

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srinivas_o

01-08 12:37 PM

Thanks a lot to everybody whoever answered my questions.

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plassey

07-24 09:58 AM

These are some good options but don't agree fully with F-1 strategy. For F-1 u have to show non immigrant intent. So u can delay ur marriage registeration. I think it is better if he applies for F-1 without disclosing that he is married.

People, First of all, if you don�t have answers please dont post junk!

Options:

1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.

2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.

3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***

4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.

5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***

Hope these help.

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nkavjs

11-15 10:04 AM

Lynne,

I live in Fishers (126st), but work on West side of Indy (US 36 road towards Avon).

I will make it next time for sure. I am not familiar with Carmel roads, but after yesterday's confusion, i have got some idea.

DPP

Hello : Pls. include me too. I am from Indypls.. (from Fishers)
Thanks
RPH

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lj_rr

09-01 02:35 PM

Looks like there are mail and fax options.
Did you indicate whether you need it in a CD instead of paper copy?
Also for the labor copy, should the request be sent to USCIS or DOL?

Google G639 (http://www.uscis.gov/files/form/g-639.pdf) form for the pdf version. Here, it's already done. Just click on the link it will take you to the form you need to request the information. Fill it completely in as much details as possible and then get it notarized for your signature at a bank. Once notarized, mail the form out to the address shown on the form.

My personal experience:
I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.

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seahawks

07-18 09:42 AM

I agree, the opportunity and benefits to file 485 far outruns anything else.

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Berkeleybee

03-01 01:22 PM

All you have to do is scroll down the home page.

Let me know if you still have difficulties.

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WillIBLucky

11-17 12:19 PM

if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.
SKIL is the best bet for us. Hopefully we will see it being discussed soon in Senate.

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coopheal

04-12 03:01 PM

Gurus, I just got an email about RFE on 485 application for both of us (myself and wife). My PD is Sep 2006, EB2, not sure why the application got opened and whats the RFE about. I am still working on h1 (renewed based on approved 140) and still has 1.5 years left. Is someone on the same boat, i mean RFE's on 485 though PD is not current??? If the RFE is about my employment, would my wife also get the RFE ?? I am with the same employer from almost 6 years.Do i get the copy of RFE too or just the attorney?? Thanks Guys, appreciate your help ....

Don't worry much its more than like going to be a medical RFE.

I had an RFE recently with similar status. See thread....
http://immigrationvoice.org/forum/showthread.php?t=24601

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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.

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she81

11-09 07:40 PM

Listen to this. A week after our company filed our 485 (after my conventional labor got approved first week of August) and quite a few of my colleagues were in the same boat, they mysteriously changed our lawyers - apparently none of us had even receipts by then. The old lawyers were not ready to talk to us as they transferred our files to the new firm, and none of us had an idea what to do. On top of that, our HR rep did not provide us with any contact info of the new Law Firm and insisted every communication go through her (and when she forwards their replies to us after taking her own sweet time, very meticulously she removes all contact info from the emails).

They're never short of ways to annoy us immigrants.

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japs19

07-17 07:54 PM

I have a unique situation and I would really appreciate if someone can answer.

My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.

Please help...:confused:

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avi101

04-06 01:39 AM

This chess game will work out fine. Each one knows their and their opponents limitations (not strength) well.

I would suggest ending some Red Bull. Milk has sedative effect. :)

Thanks for the update!

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InTheMoment

02-27 01:16 PM

UnitedNations,

While what you say is technically true the visa rejection thing is not always true. We had a I-130 done for our family by our realtive yearrrs back (20 or so). I mentioned it on my visa application very clearly, so did my brother when we came here on an F-1 a few years back in, no questions asked the visa stamped and given at the consulate in 2 hours.
It's another thing that none of us used that I-130 ever.

Leslie535,

Just as others have suggested the issue ostensibly commands a lot of expert attention so go the attorney way and give your mind some peace.

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shx

03-31 06:14 PM

Its almost common knowledge that most of L1s are given to rank and file employees. Out of all the L1 people that I know, there's not even one that can be said to possess specialized knowledge. I'm sure there are a few legitimate L1 cases.

Don't give me this divide and conquer crap. A loophole is a loophole and it needs to be plugged, be it H1 or L1.

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Dipika

12-03 11:43 AM

I have...
Frist stamp from INDIA (home country),
2 Visa Stamps from Washington DC
Last stamping from Matamoros (Mexico)
Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?

Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.

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go_guy123

11-03 06:57 PM

I disagree. I think that we will see an another attempt at CIR bill. Dems will want to capitalize on their surge among the hispanic bloc; see the comments by Nancy Palosi [sp?]. An attempt will be made to cast it as an aid for economy: to bring people out of shadows so that they can buy houses etc.

But then this is just my opinion which, like yours, is just an opinion. Heck even my 5 year old these days does not seem to hold my opinion in any regard :)

Thats the concern. CIR pits illegals vs legals. The CIR bill allocates quotas from legals to illegals.

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