thomachan72
05-12 09:53 AM
Dear All,
Could you please advise, if we can port eb3 to eb2.
My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.
Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?
If yes, what should we be careful about and how should we go about it?
Sincerely,
Augustus
In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
How frustating this can be, right? :(
Could you please advise, if we can port eb3 to eb2.
My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.
Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?
If yes, what should we be careful about and how should we go about it?
Sincerely,
Augustus
In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
How frustating this can be, right? :(
wallpaper Wedding Anniversary Quotes For
kaarmaa
02-10 02:40 PM
In your sim city you can make these rule. However for the real world support IV initiatives for the best results.
what initiatives? Never seen any publicized...
what initiatives? Never seen any publicized...
chanduv23
11-06 09:36 PM
A wonderful initiative. Good luck, once the group grows, plan for seminars, workshops, involve more IV members and energize our community
2011 wedding anniversary quotes for
MYGCBY2010
07-27 04:21 PM
I had filed FOIA request to USCIS requesting a copy of I140 approval notice. My I140 was approved after which I changed employer. I need I140 approval notice to keep my original priority date.
But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
Also remember, G639 form is for FOIA request for USCIS only.
You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS
Did you put in your A# OR THE Petition Number 3 in that form. Please respond.
But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
Also remember, G639 form is for FOIA request for USCIS only.
You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS
Did you put in your A# OR THE Petition Number 3 in that form. Please respond.
more...
jonty_11
07-31 01:54 PM
u have to file 140 for ur old labor..once that get approved....u can interfile the approved 140 onto ur pending 485..(filed with PERM labor/140) and request USCIS to use the PD of the old Labor/140...
Confirm with lawyer...
Confirm with lawyer...
perseus
07-17 01:04 AM
here is a brief account of my, and my spouse's, arduous but successful journey toward the coveted green cards. i hope this account helps you somehow.
(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)
1. landed in the united states on f-1 visa -- september 2000.
2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.
3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)
4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).
5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.
6. graduated with advanced degree (and high academic honors) in december 2006.
7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.
8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.
9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.
10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.
11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).
12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.
13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.
14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.
15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).
16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!
17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.
18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!
notes in conclusion:
1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)
2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.
3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.
4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.
5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"
reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!
(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)
1. landed in the united states on f-1 visa -- september 2000.
2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.
3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)
4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).
5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.
6. graduated with advanced degree (and high academic honors) in december 2006.
7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.
8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.
9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.
10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.
11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).
12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.
13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.
14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.
15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).
16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!
17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.
18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!
notes in conclusion:
1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)
2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.
3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.
4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.
5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"
reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!
more...
ruby
08-16 05:24 PM
My I485 was filled with EB3/PD Sep 2002. That time I had EB2/PD-Sep-2004 approved too but my layers said that we should file with “EB3/PD Sep 2002” and when I asked them to combine my EB2 with “EB3/ PD Sep 2002” they said USCIS will reject it.,
Now as EB3 is unavailable, is it possible to use my EB2 approved I-140 with already filled I-485 ( which was filled with EB3/PD-Sep-2002) so that I can retain my EB3/PD-sep 2003 but change the preference category to EB2.
Now as EB3 is unavailable, is it possible to use my EB2 approved I-140 with already filled I-485 ( which was filled with EB3/PD-Sep-2002) so that I can retain my EB3/PD-sep 2003 but change the preference category to EB2.
2010 wedding anniversary cards for
solaris27
08-14 03:31 PM
1) find another employer and trasfer H1B
2) send regt letter to old employer for all salary.
3) report by filling form provided by javadeveloper
4) he will beg you to take complain back
5) you will get ur money --happy :)
what is company name ?
2) send regt letter to old employer for all salary.
3) report by filling form provided by javadeveloper
4) he will beg you to take complain back
5) you will get ur money --happy :)
what is company name ?
more...
CantLeaveAmerica
04-16 02:08 PM
Trust me. That's a move you will surely enjoy....I moved in the opposite direction.......Houston to Allentown
Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.
Yep, dont worry about DL in texas, I renewed my TX license over the internet for 6 years, till 2013:)
Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.
Yep, dont worry about DL in texas, I renewed my TX license over the internet for 6 years, till 2013:)
hair Wedding Anniversary Quotes For
vin13
12-04 10:05 AM
Hi vin13,
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We did not have to prove the relationship. It was a hospital letter stating the person had passed away.
Again, all i can tell you is go with what you have and try. there are no specific rules or standard procedure. Each IO officer may look at it in different ways.
When you go, take your I-485 receipt notice, 2 passport size photos in case they ask you to fill a new application.
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We did not have to prove the relationship. It was a hospital letter stating the person had passed away.
Again, all i can tell you is go with what you have and try. there are no specific rules or standard procedure. Each IO officer may look at it in different ways.
When you go, take your I-485 receipt notice, 2 passport size photos in case they ask you to fill a new application.
more...
Prashanthi
05-12 03:29 PM
You can travel on the same visa as long as you come back before september.
hot wedding anniversary quotes for
inderman
10-16 06:12 PM
Its probably going to be difficult to justify at a later time how the job role can still be the same if ur title changes from Manager to S/w Engineer...
It would make sense to request ur new employer to alter the title to s'th like S/w specialist or s'th like that... which can more easily b justified as an alternative to the earlier job title.
Again, u need to pay even more attention to ensure that the job role is identical becoz that is what matters more...
Applying AC 21 will save u in case ur old employer tries to revoke 140...
It would make sense to request ur new employer to alter the title to s'th like S/w specialist or s'th like that... which can more easily b justified as an alternative to the earlier job title.
Again, u need to pay even more attention to ensure that the job role is identical becoz that is what matters more...
Applying AC 21 will save u in case ur old employer tries to revoke 140...
more...
house wedding anniversary quotes for
DirCls
07-15 08:05 AM
They are entitled fro thier opinior and so are we as immigrants.
We are doing a great job so far, but have to do better.
Long live IV Core and its members!
We are doing a great job so far, but have to do better.
Long live IV Core and its members!
tattoo Wedding Anniversary Gift Ideas
vaishnavilakshmi
06-22 04:57 PM
AAA is not free :cool: I tried it a couple of weeks ago. Infact they are on the expensive side (compared to Kinkos, Sears, Walmart etc.)
Hi,
Costco is the best place to get photoes.They took our photos and rest of my colleagues photos upto the standards.Anywhere should be ok.Just mention them that ur facial features look clear and good.I showed the photos for visa application which i took in india as sample to them.Those were clear .So they followed the standards.
All the best,
vaishu
Hi,
Costco is the best place to get photoes.They took our photos and rest of my colleagues photos upto the standards.Anywhere should be ok.Just mention them that ur facial features look clear and good.I showed the photos for visa application which i took in india as sample to them.Those were clear .So they followed the standards.
All the best,
vaishu
more...
pictures Wedding Anniversary Quotes For
iwantgc
05-08 10:51 AM
Thanks for your opinion.
I would also appreciate if someone could provide me some notes before I call them at 12 noon.
Thank you in advance.
I would also appreciate if someone could provide me some notes before I call them at 12 noon.
Thank you in advance.
dresses wedding anniversary quotes for
Green.Tech
06-10 11:48 PM
But don't lose heart. There are many, if not all, who are with you in this initiative.
I agree and kindly request again to those folks who are with us in this initiative, and for those who are on the fence, please come forward and participate in IV's campaigns.
I agree and kindly request again to those folks who are with us in this initiative, and for those who are on the fence, please come forward and participate in IV's campaigns.
more...
makeup wedding anniversary quotes for
Prashanthi
08-21 01:31 PM
I filed for I-485 under EB3 category in July 2007 and have a priority date of March 2003. Since EB3 is not moving at all. I applied in EB2 category and got I-140 approved based on my old Priority date(March 2003).
My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't received any communication from them.
My case is current as of Aug 1st 2009 but no LUD's on my case.
How would I know that USCIS have changed my case from EB3 to EB2.
I apperciate your response in this regard.
If your new I-140 has the 2003 priority date on it and you have confirmed with the USCIS that your I-485 is now based on the EB-2 filing, i would wait for a couple of months, you have a good chance of approval of your I-485 if the visa number remains current for the next few months.
If you don't hear from them or if you are not sure that your new I-140 has been successfully interfiled with your pending I-485, then you could also apply for a new i-485 based on the EB-2 I-140. The USCIS might ask you which I-485 you want to keep as you are not allowed to file 2 adjustment cases. For cases that are current, i have recently noticed that they are approving I-485's in 2-3 months.
My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't received any communication from them.
My case is current as of Aug 1st 2009 but no LUD's on my case.
How would I know that USCIS have changed my case from EB3 to EB2.
I apperciate your response in this regard.
If your new I-140 has the 2003 priority date on it and you have confirmed with the USCIS that your I-485 is now based on the EB-2 filing, i would wait for a couple of months, you have a good chance of approval of your I-485 if the visa number remains current for the next few months.
If you don't hear from them or if you are not sure that your new I-140 has been successfully interfiled with your pending I-485, then you could also apply for a new i-485 based on the EB-2 I-140. The USCIS might ask you which I-485 you want to keep as you are not allowed to file 2 adjustment cases. For cases that are current, i have recently noticed that they are approving I-485's in 2-3 months.
girlfriend happy anniversary quotes for
rubaru
12-10 09:45 AM
My wife got approval email yesterday.Mine was approved in October 209.She received fingerprint notice .we gave her finger prints on November 23.I am glad her got approved soon.
Rubaru
Rubaru
hairstyles anniversary quotes for parents
sundeep14
11-14 11:07 AM
Good Replies / Discussions ...
mirage
07-29 02:25 PM
I did not have prior information about this call, else I would,ve ask them 2 questions.
1) Why Don't USCIS give 2 years AP too..
2) USCIS should publish some statistics on how many Employement based AOS applications they have pending, what EB categories they are in along the the chargeable country and priority dates..
Thanks
1) Why Don't USCIS give 2 years AP too..
2) USCIS should publish some statistics on how many Employement based AOS applications they have pending, what EB categories they are in along the the chargeable country and priority dates..
Thanks
pjalan
04-03 11:35 PM
I just spoke with my company's attorney and she said that I shouldnt get RFE on my I-140. And just in case I get she will inform me and work with the counsel of my ported company to submit a response. Hooray....I am going. My employer is a big known MNC so the only RFE that I may get is exp letter which is very unlikely. With economy going down I dont want to wait for another 6 months for my I-140.
No comments:
Post a Comment