xbohdpukc
03-15 05:17 PM
As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.
As per Adjudicator's Field Manual:
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.
You can always hope for the best and get ready for the worst.
As per Adjudicator's Field Manual:
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.
You can always hope for the best and get ready for the worst.
wallpaper Hungarian people swimming in
bbenhill
07-10 05:12 PM
You can not .. you will need to wait until EB-2 PD cut off is Jan 2004. family based is different kind of fruit (I don't want to call it animal) :-)
the family based 2 nd group PD cut off is 15 jan 2005
EB-2 PD cut off is 01 oct 2003
say my if my PD is jan 2004 and I have filed for my I-485 (EB-2) during july 07 window (couldnt add my wife since was not married at that time). Can I now file for the I-485 or AOS for my wife now.
cheers
the family based 2 nd group PD cut off is 15 jan 2005
EB-2 PD cut off is 01 oct 2003
say my if my PD is jan 2004 and I have filed for my I-485 (EB-2) during july 07 window (couldnt add my wife since was not married at that time). Can I now file for the I-485 or AOS for my wife now.
cheers
smiledentist
10-26 11:33 AM
keeping this question alive, please advice
2011 People Swimming Pool Set
glus
04-17 07:57 AM
Hi
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
more...
nlalchandani
10-25 02:36 PM
Thanks canmt.
By the way, for the G-28, it doesn't have to be an attorney right? So, I can get somebody else that I trust to sign them to be my representative. Will this work? If I were to put my own name to be my own representative, is that going to flag them?
Do you know how much is it to get an attorney to sign the G-28 form? My PD is 3 years away, so I am pretty sure that the attorney won't have to do anything for quite a while (except for signing the form of course). If there are no RFE, the attorney possibly would not need to do anything at all.
I agree with you....You should be able to file the G28 form to get someone else to be yr representative 2 or 4
2. I am an accredited representative of the following named religious, charitable, social service, or similar organization established in the
United States and which is so recognized by the Board:
4. 4. Others (Explain Fully.)
4 should work...
Question is has someone done this before? Will send you a PM..
By the way, for the G-28, it doesn't have to be an attorney right? So, I can get somebody else that I trust to sign them to be my representative. Will this work? If I were to put my own name to be my own representative, is that going to flag them?
Do you know how much is it to get an attorney to sign the G-28 form? My PD is 3 years away, so I am pretty sure that the attorney won't have to do anything for quite a while (except for signing the form of course). If there are no RFE, the attorney possibly would not need to do anything at all.
I agree with you....You should be able to file the G28 form to get someone else to be yr representative 2 or 4
2. I am an accredited representative of the following named religious, charitable, social service, or similar organization established in the
United States and which is so recognized by the Board:
4. 4. Others (Explain Fully.)
4 should work...
Question is has someone done this before? Will send you a PM..
india.day
09-04 01:01 PM
You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...
FP for me and my wife was done Aug 30th and LUD on 485 shows 31 Aug, but the description under there has not changed. So what does that mean
PD EB3 Aug 2002
FP Done: Aug 30 ,2007
EAD :15 Aug 2007
LUD 485 : 31Aug 2007
FP for me and my wife was done Aug 30th and LUD on 485 shows 31 Aug, but the description under there has not changed. So what does that mean
PD EB3 Aug 2002
FP Done: Aug 30 ,2007
EAD :15 Aug 2007
LUD 485 : 31Aug 2007
more...
seahawks
09-09 12:51 PM
Calling all WA State (OR also) IV members to join yahoo group. We need to coordinate stuff and contact all of you as a group, so please join the yahoo group created for channelizing IV message, organizing and sharing the vision and bringing awareness to Northwest region on Legal Immigration issues.
http://groups.yahoo.com/group/WA_Immigration_Voice/
Thanks and appreciate your help
http://groups.yahoo.com/group/WA_Immigration_Voice/
Thanks and appreciate your help
2010 Little People Swimming
singhsa3
09-05 07:31 PM
Come on people, we are less than 2 weeks away from our destiny.
All you have to do is to rise from your daily chores, just for one day and help make this event successful.
All you have to do is to rise from your daily chores, just for one day and help make this event successful.
more...
asdfred
10-16 05:03 PM
duties matter..but, if your title is so different..they cannot be..this can be an issue..especially managerial duties involve managing resources which is very different to a developer..talk to your attorney if he can make it happen..i would do whatever the attorney says.
hair Reno / People swimming at
sunny1000
06-26 09:56 PM
Thanx once again Ms. Sen for you so valuable response. Is there anyways, you could tell me the email address. It will be then easy for me to talk to him when I have all the information. Another question, has the email to be sent out only by the lawyer, or the company can directly do that?
Thanx once again...
It is:
streamline.tsc@dhs.gov
There is a specific format to send this email. Here is the link to the PDF:
http://www.laborimmigration.com/wp-content/uploads/2008/11/tsc-streamline-procedure.pdf
Here is the original post:
http://immigrationvoice.org/forum/visa-bulletin-status-tracker-processing-times/22849-tsc-streamline-processing.html
Thanx once again...
It is:
streamline.tsc@dhs.gov
There is a specific format to send this email. Here is the link to the PDF:
http://www.laborimmigration.com/wp-content/uploads/2008/11/tsc-streamline-procedure.pdf
Here is the original post:
http://immigrationvoice.org/forum/visa-bulletin-status-tracker-processing-times/22849-tsc-streamline-processing.html
more...
mlkedave
03-07 03:48 PM
ok eilsoe, i love u
hot situation for people who
martinvisalaw
06-03 06:15 PM
CIS should not have asked for an Affidavit of Support, but the other documents are normal. It is not unheard of for employment-based I-485 applicants to be interviewed, but usually they are not called if the priority date is not current. CIS might have confused your case with a family matter. However, you should attend the interview, and send all documents they request except the I-864. You can explain that an Aff. of Support should not be required in an EB case.
more...
house swimming pool houston
mlkedave
03-08 12:40 PM
Dark Child has no votes, someones gotta vote for him, hes got a really good layout.
yeah i thought it was gonna be between him, paddy, and me
yeah i thought it was gonna be between him, paddy, and me
tattoo Coral middot; People swimming
damialok
04-22 03:45 PM
I-485 could be from family based, EB1 and ROW categories. I dont all these became Unavailable on July 2nd. Also you are right, USCIS didnt reject applications even though they came in between July 2nd and 17th.
more...
pictures MANFIT
mkiv
05-21 01:42 PM
No you have to send AC21 with new EVL.
Dude you are asking for advise on your own RFE but advising others on their RFEs. I dont get it.
Dude you are asking for advise on your own RFE but advising others on their RFEs. I dont get it.
dresses People With Swimming Tubes
satishku_2000
08-03 04:43 PM
I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it
I am not sure whether you got a chance to read the whole thread. :) In normal circumstances there is no need to decipher...:)
I am not sure whether you got a chance to read the whole thread. :) In normal circumstances there is no need to decipher...:)
more...
makeup VILLA : 6/8 PEOPLE - SWIMMING
akhilmahajan
08-27 10:00 AM
This depends ona lot of things.
But ppl with in USA applying for PR has been getting from 12 - 18 months.
If you are applying for Quebec, then its more faster.
The best thing to make sure that your applications moves faster is make sure that u submit all the paper work they request. Get the things in place when you apply. It is very easy to do it yourself.
Just follow the instructions and they tell you what all kind of paper work is needed.
But ppl with in USA applying for PR has been getting from 12 - 18 months.
If you are applying for Quebec, then its more faster.
The best thing to make sure that your applications moves faster is make sure that u submit all the paper work they request. Get the things in place when you apply. It is very easy to do it yourself.
Just follow the instructions and they tell you what all kind of paper work is needed.
girlfriend People Swimming with dolphins
akred
07-25 02:40 AM
Go ahead and start the process if the company is willing to do it. Ultimately, the DOL, not the employer, will decide whether to deny the LC, certify it or sit on it for 5 years before certifying it.
hairstyles some people swimming in
9years
04-08 05:59 PM
My Details:
EB3 India
PD: October 15 2003
I-485 filed on July 2nd 2007
I-140 Approved on Aug 15th 2007
Texas Service Center
EB3 India
PD: October 15 2003
I-485 filed on July 2nd 2007
I-140 Approved on Aug 15th 2007
Texas Service Center
goel_ar
04-24 12:36 PM
I am waiting for my wife's notification. Nothing yet.
wow that was fast for general processing and general quota....i thought they hadnt started issuing receipts for them...congrats!
wow that was fast for general processing and general quota....i thought they hadnt started issuing receipts for them...congrats!
pappu
05-21 04:49 PM
Recently my wife went for finger printing.... none of us except her received FP notice. So she went there and did FP and asked the person over there about why I didn't get FP.
The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:
PS - Sorry for the Title. But I am just quoting him.
Did you ask him to give you this information in writing? :)
The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:
PS - Sorry for the Title. But I am just quoting him.
Did you ask him to give you this information in writing? :)
No comments:
Post a Comment