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  • gauravster
    04-22 11:07 AM
    What I say should not be construed as any form of legal advice but based on what I know I list the following things.

    1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
    2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
    3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.

    Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.

    I hope this helps.

    Cheers,
    Gaurav

    Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).

    Do I need to "change" job within my company?

    Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?





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  • whiteStallion
    03-04 07:52 PM
    You can also expand your family .


    This is the best advice I've seen :p:p:p





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  • Better_Days
    03-04 02:44 AM
    Hi All,

    Here is my situation and I would like to get some feedback.

    My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.

    I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.

    Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:

    1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.

    2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?


    Thanks in advance for your input,





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  • spulapa
    08-05 01:35 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

    Pappu ke muh mein ghee shakar... :D



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  • morchu
    05-04 12:50 PM
    NO.
    [QUOTE=gauravsh;338657].....will there is any issues at POE due to my long absence on H1B?/QUOTE]





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  • jackisback
    05-19 06:17 PM
    The answer to 2 is receipt date. It has been repeatedly mentioned in many websites and forums



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  • delhirocks
    07-11 11:38 AM
    I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.

    The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.





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  • cbpds
    08-05 02:23 PM
    Guys as gk_2000 said it does not apply to us
    Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)



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  • coopheal
    01-02 06:34 PM
    nice....
    akred's reasoning is flawed.
    no way without getting a law, priority date are going to improve.





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  • rani77
    09-18 11:59 AM
    My case is little bit different.

    EAD was approved on August 11th and I got the card in mail couple of days after I received the email. But, I haven't received the approval notice for my EAD yet. The status on the EAD shows that the approval notice was sent on August 13th. I had no issues with AP though.


    Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: Approval notice sent.

    On August 13, 2008, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION.

    You dont get any approval notice except the card with white card folder. So you are good ,dont expect any Form 767 approval notice.



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  • drirshad
    08-07 07:28 AM
    Guys does RD change every time we get a I-485 notice. The first receipt I got shows correct RD as July 02, 2007 then the second notice that was send Oct 07 to say my case has been transferred to Lincoln has an RD of Sep 08, 2007 does this RD change every time the receipt notice is sent. Does it matter if it changes.





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  • kak1978
    11-30 02:33 PM
    I have seen people talking about getting approvals with misdemeanors, but each case may be different. Murthy.com forums has a special section for people dealing with misdemeanor issues and have gone through the process, may be you will get some more tips about preparing for the interview there. Good Luck!



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  • gc_peshwa
    09-13 10:52 PM
    Realistically I feel we (i.e. High Skilled Immigrant community) what the Jews went through during WWII at the hands of the Nazis.
    Cornered from ALL sides.
    Helpless.
    Discriminated against (due to our skills and since we are willing to work like dogs, good deal for US employers)
    About to be driven out of this country. (H1 expires shortly and no sign of EAD or GC)
    And finally about to be MASSACRED. (at the hands of the Obama's of this world)

    US is no longer attractive to top immigrant talent that actually made USA what it is today.





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  • Nabeel
    01-29 03:26 PM
    try POJO method to reach IO. You can find in "n" number of threads to reach IO based upon your service center. but it's based on your luck to get polite and cordial IO. Try multiple times and speak politely.

    Posting this info. provided by some one in this forum long time back.

    Call 1-800-375-5283
    Press 1 to select English
    Press 2 to skip introduction
    Press 2
    Press 6 to find case status information
    Press 1
    Now enter your receipt number SRCxxxxxxxxxx
    Voice asks if SRC press 1
    Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
    Part way through the blah blah press 3
    Wait a moment and press 4
    (now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
    You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.

    Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.

    Some of the standard questions:
    1) Name check Status ?
    2) Background Check Status ?
    3) Has it been assigned to an officer ?
    4) When can I expect to get some updates on my case ?
    5) Can you help me with a ball park date on when my case will be assigned to an officer?

    Ofcourse, we all are aware of the standard response we get.

    Good stuff. Thanks



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  • brij523
    02-28 06:14 AM
    Thanks you





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  • pappu
    07-19 02:08 AM
    Read my posts on this subject in the archives and do not start new threads on the same topic. It helps keeping information in one place.



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  • iamvenkat
    06-20 04:14 PM
    I got my i-140 copy and I changed employer. now it is good that we can file 485 without help of employer, how do we make sure that previous employer revoked or cancelled my 140?

    Please clarify. your help would be much appriciated.





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  • SGP
    09-21 09:33 AM
    Just got a word from our attorney that my case was approved on 09/08/2010. In my case USCIS did not update the website with the approved status! Not even a soft LUD.... I don't know their operating standard!

    Thanks for many of you reading my post! So now you know even with out USCIS website update there is a chance that ones case would be approved.

    Lesson learnt: Always check with attorney!

    Now on to the final hurdle! I-485.

    Raj:)

    Hi Raj : Did you switch to EB2 with a new company? If yes, could you please let me know, how long did it take you to get the new labor?





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  • lostinbeta
    10-21 03:48 AM
    Seems like I am making you regurgitate some old memories. I don't know if that is good or bad.

    What did you mean by "that was right before the end" if you don't mind me asking.





    lecter
    February 27th, 2004, 07:39 AM
    Count me in............10 a week! We are all here to share and offer opinions, praises and learn from the good and the bad in all of us.....(talking about photography here...........Lecter)

    I cannot possibly comment bob...

    but I do get noticed in this country...

    hehe

    http://www.dphoto.us/forumphotos/data/500/15128T3300-med.jpg





    jest_1
    08-12 06:05 PM
    thanks for the answers guys. So does USCIS question about the out of status issue before the last re-entry/485 filing during I-485 adjudication ? Any idea about whether they approve/deny petitions based on this scenario ?



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