GCanyMinute
09-10 08:42 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
crazy_apple
04-26 01:48 PM
Hello, since this is a thread on Canadian PR - I wanted to know if anyone had been through a similar situation.
I got my Canadian PR about a year ago. I went thru the landing process and obtained the PR cards from Toronto about a year back. After that I returned to the US - I work on a H1B here. I have not been to Canada since I got my PR. I need to go to Vancover to get my H1B stamping done. I intend to be in Canada for no more than 2/3 working days and return to the US.
My questions are:
- Will the Canadian immigration officers ask why I am making the trip to Canada?
- Can they revoke the PR status if they deem that I am making the trip solely to get the US stamping done?
- Do I need to apply for a travel permit, even though I have the plastic PR cards?
Your input will be appreciated.
Thanks!
I got my Canadian PR about a year ago. I went thru the landing process and obtained the PR cards from Toronto about a year back. After that I returned to the US - I work on a H1B here. I have not been to Canada since I got my PR. I need to go to Vancover to get my H1B stamping done. I intend to be in Canada for no more than 2/3 working days and return to the US.
My questions are:
- Will the Canadian immigration officers ask why I am making the trip to Canada?
- Can they revoke the PR status if they deem that I am making the trip solely to get the US stamping done?
- Do I need to apply for a travel permit, even though I have the plastic PR cards?
Your input will be appreciated.
Thanks!
qasleuth
08-07 06:57 PM
Sorry to hear your predicament.
"Is employer legally liable for expired EAD of employee?"
The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.
Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
In reality: It sounds more like they are looking for an excuse not to hire you.
As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
"Is employer legally liable for expired EAD of employee?"
The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.
Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
In reality: It sounds more like they are looking for an excuse not to hire you.
As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
virtual55
05-16 12:57 PM
I am seeing currently 700 members actively using IV website right now, but I don't think all of them have signed up for monthly contribution, Guys please contribute and help yourself
more...
rahul2699
05-13 08:35 AM
Hello -- How long does it usually take to get access to the donor forum? I've signed up for recurring contributions to the effort via Paypal yesterday and wondering when i'll be able to get access. I am not sure if this is the right place to post this or not but just curious..
chumki
12-17 03:53 PM
Please help
more...
vadik78
03-24 04:42 PM
Including MBA under stem - I do not have MBA, however :(, but I support "educated" immigration
Phil Jayhan
01-25 04:00 AM
CubedFlash,
Maybe you can give me my answer. I imported a file from Swift 3D, published, F12 to view, and then went control enter to view the size. After almost choking when I saw the size it added to my SWF (255K for a 7 letter word, spinning) I decided immediatley that was intolerable to my movie size requirements, and deleted the entire Swift 3D animation from my Movie. Took it out of the frames, the library, every place imaginable. And I was floored to find what it did to my Fla. It ruined it. My Fla went from 605K to 8.9 MEG. For all the various purposes of how I use an Fla, it is ruined. The ghost of that Swift 3D stays with my Fla even today. Like a cancer, cannot get rid of it. Can you tell me how to get it out so I can restore my Fla?
Sincere Regards,
pj
Maybe you can give me my answer. I imported a file from Swift 3D, published, F12 to view, and then went control enter to view the size. After almost choking when I saw the size it added to my SWF (255K for a 7 letter word, spinning) I decided immediatley that was intolerable to my movie size requirements, and deleted the entire Swift 3D animation from my Movie. Took it out of the frames, the library, every place imaginable. And I was floored to find what it did to my Fla. It ruined it. My Fla went from 605K to 8.9 MEG. For all the various purposes of how I use an Fla, it is ruined. The ghost of that Swift 3D stays with my Fla even today. Like a cancer, cannot get rid of it. Can you tell me how to get it out so I can restore my Fla?
Sincere Regards,
pj
more...
eldrick
07-31 05:19 PM
They also didn't ask me to sign form G28. Is this ok? Does this mean that receipt number will be mailed to me directly?
snathan
12-22 05:09 PM
Gaz
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
You can not transfer I140. You may need to start from PERM and port your PD from the approvd I140. I am not sure about the H1 part.
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
You can not transfer I140. You may need to start from PERM and port your PD from the approvd I140. I am not sure about the H1 part.
more...
vin13
06-02 04:06 PM
it is good if you can save some money. Make sure the print quality is good and meets the specifications.
We had our passport photos taken from Walgreens to file for AP. USCIS sent me an RFE requesting photos. I was not sure what was wrong the first time. I got the next set of photos done from the postoffice.
We did not take any shortcuts but still got an RFE for photos.
All i am saying is make sure you have good quality photos that meet the specs when you try doing it yourself.
We had our passport photos taken from Walgreens to file for AP. USCIS sent me an RFE requesting photos. I was not sure what was wrong the first time. I got the next set of photos done from the postoffice.
We did not take any shortcuts but still got an RFE for photos.
All i am saying is make sure you have good quality photos that meet the specs when you try doing it yourself.
Steve Mitchell
February 6th, 2004, 10:20 PM
Here's a listing of the Top Ten selling digital cameras from PC World:
Coolpix 5700 Digital Camera (Nikon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=602253&mode=pcw_rss)
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Cyber-shot DSC-F828 Digital Camera (Sony) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1272890&mode=pcw_rss)
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EOS Digital Rebel EF-S SLR Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1136930&mode=pcw_rss)
PowerShot S400 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=706030&mode=pcw_rss)
Finepix S5000 Digital Camera (Fuji) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=987039&mode=pcw_rss)
Cyber-shot DSC-P10 Digital Camera (Sony) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=722442&mode=pcw_rss)
PowerShot S50 Black Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=703590&mode=pcw_rss)
DiMAGE Z1 Digital Camera (MINOLTA-QMS) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1185602&mode=pcw_rss)
Coolpix 5700 Digital Camera (Nikon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=602253&mode=pcw_rss)
Optio S4 Digital Camera (Pentax) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1274855&mode=pcw_rss)
PowerShot SD100 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=992451&mode=pcw_rss)
PowerShot G5 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=866753&mode=pcw_rss)
PowerShot A80 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1163971&mode=pcw_rss)
Ultra Zoom C-750 Digital Camera (Olympus) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=707800&mode=pcw_rss)
Cyber-shot DSC-F828 Digital Camera (Sony) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1272890&mode=pcw_rss)
PowerShot A70 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=706225&mode=pcw_rss)
EOS Digital Rebel EF-S SLR Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1136930&mode=pcw_rss)
PowerShot S400 Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=706030&mode=pcw_rss)
Finepix S5000 Digital Camera (Fuji) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=987039&mode=pcw_rss)
Cyber-shot DSC-P10 Digital Camera (Sony) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=722442&mode=pcw_rss)
PowerShot S50 Black Digital Camera (Canon) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=703590&mode=pcw_rss)
DiMAGE Z1 Digital Camera (MINOLTA-QMS) (http://pcworld.pricegrabber.com/search_getprod.php?masterid=1185602&mode=pcw_rss)
more...
ssdtm
05-07 08:06 PM
If your original 140, on the basis of which you filed 485, gets revoked you are in trouble. You may get denial notice that you will have to contest. Needless to say, you have a good ground if you can prove it that job change was in synch with norms / rules laid out in AC21.
But if you are sure that your original employer is not going to revoke 140, you are better off not to inform.
......this is based on consultation from top lawyers.
But if you are sure that your original employer is not going to revoke 140, you are better off not to inform.
......this is based on consultation from top lawyers.
amitga
06-22 07:06 PM
Google is your best friend:
http://chennai.usconsulate.gov/b-1-lh.html
http://chennai.usconsulate.gov/b-1-lh.html
more...
Nil
05-04 05:07 PM
i travel this leg regularly - at least once every year. 2 hrs is good enough. Pls ensure you have a stamped visa when returning.
jonty_11
02-05 01:44 PM
I guess the old labor will be invalid by now as it has been already been over 45 after approval.
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
Is the 45 day approved labor validity Rule already in place?
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
Is the 45 day approved labor validity Rule already in place?
more...
baleraosreedhar
11-09 02:50 PM
Hi All
My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.
Employer says they will receive I 94 document seperately and they will mail it.
My question is, Is Employer saying TRUTH
Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.
If my wife does not get her I 94 what are her Options
your Response is truly appreciated
My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.
Employer says they will receive I 94 document seperately and they will mail it.
My question is, Is Employer saying TRUTH
Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.
If my wife does not get her I 94 what are her Options
your Response is truly appreciated
amitga
08-18 12:53 PM
How do I find what priority date has been attached to my I-485?
randlesl
November 23rd, 2004, 10:22 PM
Thanks everyone... setting the ISO higher helped my problem.