greencardfever
09-09 11:16 PM
Hi,
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.
If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?
If it�s the former:
1) Will my old priority date get transferred too?
2) Does it matter if the Company Y is not located in the same state as compared to Company X?
3) Does it matter if my job description and/or designation at Company Y is/are different?
4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
5) Does Company Y have to communicate with Company X to get any green card related paperwork?
6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?
Any response will be greatly appreciated.
Thank you.
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.
If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?
If it�s the former:
1) Will my old priority date get transferred too?
2) Does it matter if the Company Y is not located in the same state as compared to Company X?
3) Does it matter if my job description and/or designation at Company Y is/are different?
4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
5) Does Company Y have to communicate with Company X to get any green card related paperwork?
6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?
Any response will be greatly appreciated.
Thank you.
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ayaskant
02-01 10:04 AM
No I didn't file for 485.
aranya
07-03 06:27 PM
What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?
YES
YES
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anilsal
12-09 01:39 PM
Now where are the members in IL? Repeated requests passed to members returns no response!
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windycloud
07-28 12:18 PM
Senator Charles E. Schumer (http://schumer.senate.gov/new_website/record.cfm?id=314990)
__________________________________________________ ________
Ah never mind, I didn't realize it's old news.
__________________________________________________ ________
Ah never mind, I didn't realize it's old news.
gssh
07-18 10:47 AM
CORE team has done an excellent job. Keep it up.
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BarneySha
07-18 08:42 AM
$320 an hr!
His 'RFE response' charges were $450!
go figure...
lotsa people are making money out of the s*ituation we are in!
His 'RFE response' charges were $450!
go figure...
lotsa people are making money out of the s*ituation we are in!
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nhfirefighter13
November 21st, 2005, 03:46 PM
#2 is my favorite.
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Joey Foley
November 21st, 2005, 07:38 PM
This right here is one area I REALLY need to improve in.
I get home from a show (or whatever I've shot), and can't pick my photos for my editor.
I am ALWAYS so afraid somebody else is going to see and/or like something in a shot that I might not be seeing. I usually end up sending in too many photos.
I'm probably the most undecisive person in the world:o
I get home from a show (or whatever I've shot), and can't pick my photos for my editor.
I am ALWAYS so afraid somebody else is going to see and/or like something in a shot that I might not be seeing. I usually end up sending in too many photos.
I'm probably the most undecisive person in the world:o
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prabasiodia
05-25 01:49 PM
Also ask/inquire about whistleblower protection while filing your complaint. There should be valid reasons for lay-off but filing complaint against the employer with DOL is definitely not one among them.
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vkmm
08-07 02:58 PM
You should be able to do your landing and H1 stamping with no problem.
I have done the same last year. Process is very smooth and of course not dependent on each other.
I have done the same last year. Process is very smooth and of course not dependent on each other.
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krishna007
05-05 03:15 PM
I am similar situation (not laid off, but would like to change to employer other than one for which H-1B is approved) and spoke to a lawyer. You can apply for H-1B transfer even before Oct1st(H-1B start date). But, apply in premium processing so that your CAP-GAP benefit will not get screwed up.
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raminmd
08-14 06:04 PM
Hi guys, thanks for the replies...that is a touch reassuring
I spoke to my lawyer. She said she was re-sending the app in today with a cover letter explaining the wrongful rejections. She said that if they still reject it, she will go through the liaison and try to get them to accept it. Is this standard procedure?
Secondly, on a different note, I am not sure who did it or why, someone gave me a red dot.
I spoke to my lawyer. She said she was re-sending the app in today with a cover letter explaining the wrongful rejections. She said that if they still reject it, she will go through the liaison and try to get them to accept it. Is this standard procedure?
Secondly, on a different note, I am not sure who did it or why, someone gave me a red dot.
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starscream
01-13 12:40 PM
Hi oaktree,
My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.
My company's lawyers were certain that the denial was in error and hence they filed MTR.
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
If you make a new PERM application you cannot use your old priority date.
Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.
I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.
My company's lawyers were certain that the denial was in error and hence they filed MTR.
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
If you make a new PERM application you cannot use your old priority date.
Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.
I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
more...
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h4_optimist
05-07 12:33 PM
guys..it is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!
the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!
today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!
i cannot reveal my identity or share my personal information in a public forum other than my location which is India.
My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!
if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.
the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!
today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!
i cannot reveal my identity or share my personal information in a public forum other than my location which is India.
My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!
if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.
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fromnaija
07-11 12:36 PM
Background: Rep. Ed Royce was on C-Span on Saturday July 8, 2006 to promote HR 4437. Here is the question I asked and his verbatim response.
Question: My question is on legal immigrants like myself who have been waiting in line for over ten years to get a green card. I see nothing in the House passed bill HR 4437 to support our case. What are you doing to move us unto a fast track and resolve the broken legal immigration process?
Answer: Illegal immigration is very unfair to people who wait in the queue in order to come to the United States. And frankly, all of these illegal immigrations is putting enormous strain on USCIS and other gevernment agencies. If we can secure the border through the legislation that I talked about then I think we'll take a lot of the strain off USCIS. And frankly, it will make the system fairer for those who have waited in line or are waiting in line to come to the united States the right way which is to come the legal way.
Comment: Unfortunately there was no room for a rebuttal. I would have pointed out to him that it is illogical to think that illegal immigration puts any strain on USCIS since USCIS only process legal immigration. Go figure!
Question: My question is on legal immigrants like myself who have been waiting in line for over ten years to get a green card. I see nothing in the House passed bill HR 4437 to support our case. What are you doing to move us unto a fast track and resolve the broken legal immigration process?
Answer: Illegal immigration is very unfair to people who wait in the queue in order to come to the United States. And frankly, all of these illegal immigrations is putting enormous strain on USCIS and other gevernment agencies. If we can secure the border through the legislation that I talked about then I think we'll take a lot of the strain off USCIS. And frankly, it will make the system fairer for those who have waited in line or are waiting in line to come to the united States the right way which is to come the legal way.
Comment: Unfortunately there was no room for a rebuttal. I would have pointed out to him that it is illogical to think that illegal immigration puts any strain on USCIS since USCIS only process legal immigration. Go figure!
more...
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number30
03-11 10:33 PM
Interesting. I never received the 1099-INT. Will talk to my bank.
CITI Bank usually send the 1099. But if you have account with ICICI or some other Indian Banks they do not send it. Also check if your bank in India deducting Tax (Usually called as TDS) on interest you earn. That amount you can deduct on US tax return as foreign taxes paid.
CITI Bank usually send the 1099. But if you have account with ICICI or some other Indian Banks they do not send it. Also check if your bank in India deducting Tax (Usually called as TDS) on interest you earn. That amount you can deduct on US tax return as foreign taxes paid.
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kanakabyraju
05-10 12:22 PM
We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?
Let us start the prediction, analysis, etc, game for the July Bulletin.
June Bulletin will be history in few days! However, people are paying lawyers even for knowing why the visa bulletin hasn't come on the day they wished, in the first week of the month, even though it is supposed to be on 15th of every month.
Flagged you RED just wasting my 5 mins time. Write some thing useful Brother!
Let us start the prediction, analysis, etc, game for the July Bulletin.
June Bulletin will be history in few days! However, people are paying lawyers even for knowing why the visa bulletin hasn't come on the day they wished, in the first week of the month, even though it is supposed to be on 15th of every month.
Flagged you RED just wasting my 5 mins time. Write some thing useful Brother!
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gcwanter
07-02 10:01 AM
All of a sudden since last week there has been an increase.. in these kind of people who "suddenly" pop up ; make their first time posts challenging IV and its mission.
I think the best treatment they deserve is IGNORANCE. we probably shouldnt even reply to such ridiculous posts of people who are not even aware what the CIR contains for us legals..
please ignore such people..or else these threads keep lingering on top..which they dont deserve
I think the best treatment they deserve is IGNORANCE. we probably shouldnt even reply to such ridiculous posts of people who are not even aware what the CIR contains for us legals..
please ignore such people..or else these threads keep lingering on top..which they dont deserve
crystal
07-10 09:47 PM
as we know the answer now
can somebody close this thread before people start writing one after other their last name and center.
can somebody close this thread before people start writing one after other their last name and center.
vish77
08-01 08:57 PM
My wife's federal loan got approved with expired I94 stamped as parole
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