shantak
04-29 02:19 PM
You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.
I would not get too much worried, firstly apply for H1 extension, if by any chance you get an RFE and if you think you will not be able to answer it then withdraw the petition and shift to EAD.
I would not get too much worried, firstly apply for H1 extension, if by any chance you get an RFE and if you think you will not be able to answer it then withdraw the petition and shift to EAD.
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greencardvow
07-18 08:02 PM
Does anyone know what happens when the original hard copy of PERM is lost. Can one file 140 with just the copy that you can get online from DOL site.
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
ayazali17
12-18 07:08 PM
One more question. Does a person with EAD (I-766) considered a permanent legal resident? The reason why i asked is because i was filling out a form to open a Scottrade account, i was stumped on this question, so i thought i asked someone here to verify.
Thanks for answering.
Thanks for answering.
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gcpool
07-08 10:37 AM
Apart from informing others about them legally what can he do.
Post his name & nobody will hire him.
Post his name & nobody will hire him.
more...
nonimmigrant
03-31 06:16 PM
Congratulations. Enjoy your freedom.
What is the process did you followed to port from EB3 to EB2 ?
New Labor with EB2 Job requirements
I-140 Approval
Port Over EB3 priority to EB2 after I-140 Approval
(or)
Do we have any other route to port over from EB3 to EB2.
What is the process did you followed to port from EB3 to EB2 ?
New Labor with EB2 Job requirements
I-140 Approval
Port Over EB3 priority to EB2 after I-140 Approval
(or)
Do we have any other route to port over from EB3 to EB2.
solaris27
03-13 08:32 AM
no its not true . I have Canada PR and to get citizenship u need to be in Canada for 3 years .
http://www.freewebdirectoryweb.com/
http://www.freewebdirectoryweb.com/
more...
crystal
06-15 03:33 PM
My wife has changed her status from H4 to F1 in last
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
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tammigaw
02-15 02:14 AM
It says own/lease/solicit ...blah..blah with any competitors , but the language is very generic and now he says that there is a word in the text and it could be opened to any interpretation based on his convinience .
When i asked him to explain the clause during the time of signing he said that i could not join his competetors for this client . I felt this cluase is reasonable to protect on his business interests , so i sighned it .
Now he is manuplating it to accomodate his interested , so he can squeeze more money out of me .
During my stay here , he NEWER paid me on time andi had to call him 20 times and mail him for 10 times ..literaly begging to get my pay .
If in worst case , if he tries to execute this non compete in court i am not sure if it stays valid , based on the manner he ran his business .
Can any one please shed some light in this grey area.
When i asked him to explain the clause during the time of signing he said that i could not join his competetors for this client . I felt this cluase is reasonable to protect on his business interests , so i sighned it .
Now he is manuplating it to accomodate his interested , so he can squeeze more money out of me .
During my stay here , he NEWER paid me on time andi had to call him 20 times and mail him for 10 times ..literaly begging to get my pay .
If in worst case , if he tries to execute this non compete in court i am not sure if it stays valid , based on the manner he ran his business .
Can any one please shed some light in this grey area.
more...
jay75
07-12 10:19 PM
Count me in for this law suit. I'm willing to contribute money for this.
Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.
People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)
By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...
Here are the things that needs to be fixed...
1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21
What is "End the endless wait" ?
EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.
Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."
Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)
Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
__________________
Attended the DC Rally
Contribution: $150
Sent letters to President/IV
Status : I-485 pending, PD Feb 2005, EB3 - India
Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.
People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)
By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...
Here are the things that needs to be fixed...
1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21
What is "End the endless wait" ?
EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.
Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."
Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)
Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
__________________
Attended the DC Rally
Contribution: $150
Sent letters to President/IV
Status : I-485 pending, PD Feb 2005, EB3 - India
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jay75
07-12 10:19 PM
Count me in for this law suit. I'm willing to contribute money for this.
Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.
People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)
By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...
Here are the things that needs to be fixed...
1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21
What is "End the endless wait" ?
EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.
Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."
Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)
Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
__________________
Attended the DC Rally
Contribution: $150
Sent letters to President/IV
Status : I-485 pending, PD Feb 2005, EB3 - India
Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.
People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)
By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...
Here are the things that needs to be fixed...
1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21
What is "End the endless wait" ?
EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.
Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."
Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)
Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
__________________
Attended the DC Rally
Contribution: $150
Sent letters to President/IV
Status : I-485 pending, PD Feb 2005, EB3 - India
more...
gc_kaavaali
11-14 04:03 PM
Do you guys see what happens after January 2nd (or after 6 months of receipt date)....Most of the contractors (who applied their 485 in july) will look for permanent job OR demand more money from their employers...OR more benefits from employer. Employers try to be calm and don't conflict with us. What do u guys think??
Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.
Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.
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meridiani.planum
04-07 01:05 AM
It is worse than that.. :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
that was amazing. Is the maker of that video an IV member?
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
that was amazing. Is the maker of that video an IV member?
more...
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arunmohan
03-06 11:19 PM
I will fax it on Monday.
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aadimanav
01-05 10:41 PM
I will be using AP first time. What documentation do we need to enter (other than passport and un-expired AP)? I will be visiting India for about 1 month? Is there any limitation as to for how long you can leave the country? I got 2 copies of AP. We just need "one" right?
Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.
Please share your experiences.
Thanks in advance!
Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.
Please share your experiences.
Thanks in advance!
more...
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carolva77
05-27 11:50 AM
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shahuja
02-04 05:50 AM
Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing". This week her AP came and I have mailed it to her and now we want to get the passport back and travel on AP.
Now if anyone knows or done the process of getting the passport back from Delhi Consulate, can they please explain?
Thx
Hello raju6855,
I went for my H1B renewal at New Delhi on jan 14th and i am still waiting. Today is the 22nd calendar day. Has your wife got the pp back ? she appeared at ND as well ? Has she got any information from consulate or VFS ? what should we be doing in such a situation ?
Appreciate your reply.
Now if anyone knows or done the process of getting the passport back from Delhi Consulate, can they please explain?
Thx
Hello raju6855,
I went for my H1B renewal at New Delhi on jan 14th and i am still waiting. Today is the 22nd calendar day. Has your wife got the pp back ? she appeared at ND as well ? Has she got any information from consulate or VFS ? what should we be doing in such a situation ?
Appreciate your reply.
more...
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GCMan007
03-13 01:02 PM
Congratulations !!
Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..
That exactly happened in my case. I was looking at my online status almost everyday. Not even a soft LUD..the regular mail finally arrived last week with approval status..Online staus still not updated
Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..
That exactly happened in my case. I was looking at my online status almost everyday. Not even a soft LUD..the regular mail finally arrived last week with approval status..Online staus still not updated
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WeShallOvercome
08-03 12:55 PM
You are a jack ass
What kind of a person would reply with "You are a jack ass" to some one saying
"Apology accepted and now i ask you to contribute for DC rally.....will you do that?
Even am not a pro, i joined IV just couple of months back, but i never opened a thread for simple questions. I am not bashing you here....i am trying to educate you on this.....when we have something to ask we should look for appropriate thread and then post it there.
I got my checks cashed on aug 1st, but i didn't opened a thread to tell everyone that, but i have seen people whoever got receipt they opened a new thread.
"
We all now know who is what !
Peace and Am not visiting this thread anymore or any other started by the author of this one !
What kind of a person would reply with "You are a jack ass" to some one saying
"Apology accepted and now i ask you to contribute for DC rally.....will you do that?
Even am not a pro, i joined IV just couple of months back, but i never opened a thread for simple questions. I am not bashing you here....i am trying to educate you on this.....when we have something to ask we should look for appropriate thread and then post it there.
I got my checks cashed on aug 1st, but i didn't opened a thread to tell everyone that, but i have seen people whoever got receipt they opened a new thread.
"
We all now know who is what !
Peace and Am not visiting this thread anymore or any other started by the author of this one !
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Calouste
07-28 03:51 PM
I'm getting fed up with people on this forum who assume that India is the only country from which people immigrate to the US, and always only mention the India dates when talking about cut off dates, and assume that are the only dates people want to talk about.
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
EB-VoiceImmigration
02-24 08:50 PM
Moving to the Faster Lane : Changing EB3 to EB2
We at the Murthy Law Firm receive many inquiries as to whether it is possible for an individual with an employment-based, third preference (EB3) case to change to the employment-based, second preference (EB2) category. As explained in this article, it is possible for many some people to make this transition. When combined with the potential to retain the priority date from the earlier employment-based (EB) case, this can be a powerful tool for qualified individuals to obtain permanent residence, or the "green card," much earlier.
EB3 Cannot Simply be Changed to EB2
Often individuals ask whether their current EB3 cases can somehow be converted to EB2s. They will usually mention that they had enough education and/or experience to meet the EB2 requirements at the time the EB3 case was filed. The answer to this is simply, "No." The EB category of any labor certification-based case is set at the beginning, when the labor certification is prepared and filed. The category depends on the requirements specified in the labor certification. If these requirements are at the EB3 level, then the case is filed as an EB3, even if the foreign national beneficiary may have qualifications in terms of the education and work experience sufficient for an EB2 level job.
New EB2 Case Filing Based on Minimum Job Requirements
It is possible for an individual with an EB3 case to have either the existing employer / sponsor or a new employer file a new case in the EB2 category. Of course, the new position must meet the EB2 requirements, and the individual must qualify for the offered position. The starting point must always be with the job requirements, not one's own education and experience. It is the job that must fit within the EB2 category, as the law requires that the employer specify the minimum education and other qualifications for the specific job. Then, of course, the beneficiary must be able to establish that s/he meets the education and experience required for the job.
New EB2 Filing Permissible with Job Change
It is not unusual for an individual with an EB3 case to qualify for EB2. This happens when one acquires additional education and/or experience through the years during which the EB3 case has been pending. Over time, people often are promoted into jobs that may meet the EB2 requirements.
Typically, questions about potentially changing to EB2 come from individuals who have reached the point where they have filed their I-485s. They have waited for a number of years, but are suffering under the enormous waiting times in the EB3 category. Many have used AC21 to change jobs, are advancing in their careers, and now hold jobs that could meet the EB2 standards.
EB2 Filing can be with Existing or New Employer
As explained above, in order to move from EB3 to EB2 it is necessary to start over with an entirely new labor certification. This often is filed through a new employer, when an individual has moved to a different job.
It potentially could be filed through the same employer that filed the EB3 labor certification. This could be appropriate if one obtained a promotion or otherwise moved into an EB2 job. If filing through the same employer, the employee ideally should have completed the minimum years of work experience for the EB2 position before starting work with the current employer. This is because there are legal issues and potential restrictions when relying on the experience gained with the same employer to qualify for the new job. These issues should be analyzed and discussed with an attorney experienced and knowledgeable immigration law.
Transfer of Earlier Priority Date to New Case Filing
The greatest benefit to utilizing the strategy of re-filing comes in the potential to retain the priority date from the EB3 case. This option exists if the EB3 I-140 petition has been approved. If so, then it is possible to request retention of this priority date in the later-filed EB2 case. This means that it potentially is possible to transfer the earlier EB3 priority date to the later-filed EB2 case with a new or the same employer. In many cases, this means that the individual could have a current or closer-to-current priority date, thus saving many years of waiting to become eligible for permanent residence.
There are some issues with respect to retention of the priority date if the I-140 has been revoked. Generally, however, it is the policy of the USCIS to allow the retention and transfer of the earlier priority date if the I-140 petition has not been revoked by the USCIS for fraud or misrepresentation.
Is Earlier EB3 Filing Made Vulnerable by Filing New EB2?
Most people inquiring about this option are concerned about any potential risks to their current EB3 cases. There are some procedural options with respect to the final step in the re-filed cases. However, it is possible to process the new case without risk of disruption to the EB3 case. This assumes that all information provided in the course of the prior filing was accurate.
A new labor certification filing, even if not approved, would not disrupt a prior approval. The same holds true for an I-140 filing. Conversely, approvals of the labor certification and I-140 do not disrupt or displace existing approvals. It is possible to have multiple approvals of labor certifications and I-140s for the same individual. Even when the request to retain the earlier priority date from the EB3 case is granted, the prior EB3 case remains undisturbed. There is nothing transferred or taken away from the EB3 case in the process of requesting that the EB2 case be assigned the same priority date.
At the final stage, there are options as to how to complete the case. The pros and cons should be discussed with a qualified immigration attorney. It is possible to proceed with the cases essentially in parallel, allowing for two cases and two potential avenues for eventual approval of permanent residence. The best way to proceed depends upon one's situation and, ideally, should be analyzed to consider the risks and options. What is helpful to most people, however, is that they do not have to risk their current EB3 cases to try to move to EB2.
Conclusion
At the Murthy Law Firm, we have successfully utilized the strategy discussed in this article for many of our clients by filing for each a new EB2 case with the same or a new employer. While it requires starting over with a new labor certification, for many it offers a significant advantage in terms of timing when the earlier priority date can be retained. MurthyDotCom and MurthyBulletin readers who wish to explore this option further should contact the Murthy Law Firm to help them with this process or for a consultation to determine whether it is appropriate for them.
Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved
We at the Murthy Law Firm receive many inquiries as to whether it is possible for an individual with an employment-based, third preference (EB3) case to change to the employment-based, second preference (EB2) category. As explained in this article, it is possible for many some people to make this transition. When combined with the potential to retain the priority date from the earlier employment-based (EB) case, this can be a powerful tool for qualified individuals to obtain permanent residence, or the "green card," much earlier.
EB3 Cannot Simply be Changed to EB2
Often individuals ask whether their current EB3 cases can somehow be converted to EB2s. They will usually mention that they had enough education and/or experience to meet the EB2 requirements at the time the EB3 case was filed. The answer to this is simply, "No." The EB category of any labor certification-based case is set at the beginning, when the labor certification is prepared and filed. The category depends on the requirements specified in the labor certification. If these requirements are at the EB3 level, then the case is filed as an EB3, even if the foreign national beneficiary may have qualifications in terms of the education and work experience sufficient for an EB2 level job.
New EB2 Case Filing Based on Minimum Job Requirements
It is possible for an individual with an EB3 case to have either the existing employer / sponsor or a new employer file a new case in the EB2 category. Of course, the new position must meet the EB2 requirements, and the individual must qualify for the offered position. The starting point must always be with the job requirements, not one's own education and experience. It is the job that must fit within the EB2 category, as the law requires that the employer specify the minimum education and other qualifications for the specific job. Then, of course, the beneficiary must be able to establish that s/he meets the education and experience required for the job.
New EB2 Filing Permissible with Job Change
It is not unusual for an individual with an EB3 case to qualify for EB2. This happens when one acquires additional education and/or experience through the years during which the EB3 case has been pending. Over time, people often are promoted into jobs that may meet the EB2 requirements.
Typically, questions about potentially changing to EB2 come from individuals who have reached the point where they have filed their I-485s. They have waited for a number of years, but are suffering under the enormous waiting times in the EB3 category. Many have used AC21 to change jobs, are advancing in their careers, and now hold jobs that could meet the EB2 standards.
EB2 Filing can be with Existing or New Employer
As explained above, in order to move from EB3 to EB2 it is necessary to start over with an entirely new labor certification. This often is filed through a new employer, when an individual has moved to a different job.
It potentially could be filed through the same employer that filed the EB3 labor certification. This could be appropriate if one obtained a promotion or otherwise moved into an EB2 job. If filing through the same employer, the employee ideally should have completed the minimum years of work experience for the EB2 position before starting work with the current employer. This is because there are legal issues and potential restrictions when relying on the experience gained with the same employer to qualify for the new job. These issues should be analyzed and discussed with an attorney experienced and knowledgeable immigration law.
Transfer of Earlier Priority Date to New Case Filing
The greatest benefit to utilizing the strategy of re-filing comes in the potential to retain the priority date from the EB3 case. This option exists if the EB3 I-140 petition has been approved. If so, then it is possible to request retention of this priority date in the later-filed EB2 case. This means that it potentially is possible to transfer the earlier EB3 priority date to the later-filed EB2 case with a new or the same employer. In many cases, this means that the individual could have a current or closer-to-current priority date, thus saving many years of waiting to become eligible for permanent residence.
There are some issues with respect to retention of the priority date if the I-140 has been revoked. Generally, however, it is the policy of the USCIS to allow the retention and transfer of the earlier priority date if the I-140 petition has not been revoked by the USCIS for fraud or misrepresentation.
Is Earlier EB3 Filing Made Vulnerable by Filing New EB2?
Most people inquiring about this option are concerned about any potential risks to their current EB3 cases. There are some procedural options with respect to the final step in the re-filed cases. However, it is possible to process the new case without risk of disruption to the EB3 case. This assumes that all information provided in the course of the prior filing was accurate.
A new labor certification filing, even if not approved, would not disrupt a prior approval. The same holds true for an I-140 filing. Conversely, approvals of the labor certification and I-140 do not disrupt or displace existing approvals. It is possible to have multiple approvals of labor certifications and I-140s for the same individual. Even when the request to retain the earlier priority date from the EB3 case is granted, the prior EB3 case remains undisturbed. There is nothing transferred or taken away from the EB3 case in the process of requesting that the EB2 case be assigned the same priority date.
At the final stage, there are options as to how to complete the case. The pros and cons should be discussed with a qualified immigration attorney. It is possible to proceed with the cases essentially in parallel, allowing for two cases and two potential avenues for eventual approval of permanent residence. The best way to proceed depends upon one's situation and, ideally, should be analyzed to consider the risks and options. What is helpful to most people, however, is that they do not have to risk their current EB3 cases to try to move to EB2.
Conclusion
At the Murthy Law Firm, we have successfully utilized the strategy discussed in this article for many of our clients by filing for each a new EB2 case with the same or a new employer. While it requires starting over with a new labor certification, for many it offers a significant advantage in terms of timing when the earlier priority date can be retained. MurthyDotCom and MurthyBulletin readers who wish to explore this option further should contact the Murthy Law Firm to help them with this process or for a consultation to determine whether it is appropriate for them.
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krish.d.rao
07-25 10:39 PM
you can use AC21 even if your I140 is not approved, provided your GC sponsoring employer does not revoke it. I am speaking from personal experience.
I was stuck in the same job for 7 years and changed jobs after 180 days of filing my 485. At that time my I140 had been pending for 12 months but i took a chance. Later i got an RFE on my I140 (experience letters) but it was approved a few days after i sent in the required information.
The job description was the same although my new salary was about twice the amount mentoned in my labor. AC21 provision was created keeping in mind the extensive backlogs so if you have a good relation with your present employer go ahead and make use of it.
I was stuck in the same job for 7 years and changed jobs after 180 days of filing my 485. At that time my I140 had been pending for 12 months but i took a chance. Later i got an RFE on my I140 (experience letters) but it was approved a few days after i sent in the required information.
The job description was the same although my new salary was about twice the amount mentoned in my labor. AC21 provision was created keeping in mind the extensive backlogs so if you have a good relation with your present employer go ahead and make use of it.