pointlesswait
01-16 10:30 AM
95% are from mexico.. some from eastern europe/china.... very few from sub continent
Imagine 15million uneducated /illiterate joining the main stream.. US will go from a developed country to a third world country in a blink of an eye..
ppl who are supporting amnesty have not understood the socio-economic implications of this move...
they should do something about the illegals..on humanitarian ground ..but in a controlled and regulated way.... and separate legal and illegals.
because most of the illegals are from a few handful countries mainly mexico
Imagine 15million uneducated /illiterate joining the main stream.. US will go from a developed country to a third world country in a blink of an eye..
ppl who are supporting amnesty have not understood the socio-economic implications of this move...
they should do something about the illegals..on humanitarian ground ..but in a controlled and regulated way.... and separate legal and illegals.
because most of the illegals are from a few handful countries mainly mexico
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jamesbond007
12-08 04:39 PM
I wish! :)
I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!
Yes. We are foreigners no matter how much tax we pay or how law abiding we are...
Let us not assume. The worst that can happen from this request for a seat at the table is that they will deny the request.
There is a first time for everything. The transition team having a transparent open door policy for anyone's suggestion itself is a novel idea.
Obama and company are looking for ways to create jobs and revive the economy. Any idea that works towards those goals, I am pretty sure they will be all ears.
I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!
Yes. We are foreigners no matter how much tax we pay or how law abiding we are...
Let us not assume. The worst that can happen from this request for a seat at the table is that they will deny the request.
There is a first time for everything. The transition team having a transparent open door policy for anyone's suggestion itself is a novel idea.
Obama and company are looking for ways to create jobs and revive the economy. Any idea that works towards those goals, I am pretty sure they will be all ears.
jlt007us
09-14 01:20 PM
Case 2:
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.
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fcres
07-24 02:42 PM
Hello Guys,
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
Since you already applied there is nothing you can do other than renewing your passport. Try to do emergency renewal.
My lawyer asked me to renew PP to be on the safe side before we filed my AOS.
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
Since you already applied there is nothing you can do other than renewing your passport. Try to do emergency renewal.
My lawyer asked me to renew PP to be on the safe side before we filed my AOS.
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satishku_2000
07-21 01:28 PM
Thank you katrina for your response.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
I think you can take your attorney to interview , If at all you have an interview. If you were never out of status since your last entry you should be good BTW whats your PD?
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
I think you can take your attorney to interview , If at all you have an interview. If you were never out of status since your last entry you should be good BTW whats your PD?
hnordberg
October 23rd, 2005, 10:52 PM
Looks like we may have a few people interested in a Bay Area meet. There are plenty of things to photograph here. The City, north or south from SF on Highway 1, wildlife, and we could always hire a model (which I have never, but it would be fun).
If we get the honor of meeting with Bob and Kevin from "far away", then maybe it should be a two day meet? What say you? Ideas?
:)
If we get the honor of meeting with Bob and Kevin from "far away", then maybe it should be a two day meet? What say you? Ideas?
:)
more...
apb
09-07 06:38 PM
Scene at Consulate
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
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imm_pro
08-18 01:53 PM
The change of status from H4 to H1 is usually effective from OCT 1..so the H4 visa is no longer valid..
more...
Macaca
04-22 09:07 AM
Passing On H-1b Costs to the Employee? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) -- Smart Business Practice or DOL Violation?, by Michael F. Hammond and Damaris Del Valle
After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.
All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.
The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.
Deductions are considered by the Department of Labor (DOL) to be authorized if:
The deduction is reported as such on the employer’s payroll records,
The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
The deduction is for a matter that is principally for the benefit of the employee,
The deduction is not a recoupment of the employer’s business expenses,
The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
The amount deducted is not more than 25% of the employee’s disposable earning.
An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.
Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.
The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.
It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12
Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.
After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.
All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.
The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.
Deductions are considered by the Department of Labor (DOL) to be authorized if:
The deduction is reported as such on the employer’s payroll records,
The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
The deduction is for a matter that is principally for the benefit of the employee,
The deduction is not a recoupment of the employer’s business expenses,
The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
The amount deducted is not more than 25% of the employee’s disposable earning.
An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.
Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.
The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.
It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12
Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.
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fromnaija
01-04 09:05 AM
I dont know if this is possible but how about applying for EB3 using premium processing and once it is approved u have ur prority date set to Apr 2004 and then apply for EB2 I140 and ask for the April 2004 priority date.
I am not sure if u can do this, looking forward from others to see if this is possible.
It is possible as mnkaushik suggested. And your employers don't have to revoke the EB3 140 in order to file the EB2 140. You will need to file EB3 first and after it is approved, file EB2 and port the EB3 PD to the new application.
I am not sure if u can do this, looking forward from others to see if this is possible.
It is possible as mnkaushik suggested. And your employers don't have to revoke the EB3 140 in order to file the EB2 140. You will need to file EB3 first and after it is approved, file EB2 and port the EB3 PD to the new application.
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gcgreen
07-07 05:07 PM
I do not know authoritatively if this is so. But logically speaking, I see no reason why not. Asking a CPA is probably the best way to go if you really want to do it only the withholding route. Many times a CPA will give you this advice free of cost. Also you can ask the tax guy at bankrate.com or some other online source where some tax expert answers questions.
The way I see it, as far as IRS is concerned, by the deadline dates, they expect to receive the right amounts of money. Withholding is one way, estimated taxes is another.
Also, one thing I forgot to mention in my previous post, make sure you also pay for her social security, medicare and state tax.
Social security is 12.X % and medicare is 1.5% (please verify from authoritative source), so setting aside 14% for this is a safe thing to do.
CA state tax is 9.3 % (again please verify because this varies based on your combined income)
As we file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my employer(w2 based) withhold more money from my paycheck every month?
Would this extra payment through this channel suffice for the purposes of estimated payments?
The way I see it, as far as IRS is concerned, by the deadline dates, they expect to receive the right amounts of money. Withholding is one way, estimated taxes is another.
Also, one thing I forgot to mention in my previous post, make sure you also pay for her social security, medicare and state tax.
Social security is 12.X % and medicare is 1.5% (please verify from authoritative source), so setting aside 14% for this is a safe thing to do.
CA state tax is 9.3 % (again please verify because this varies based on your combined income)
As we file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my employer(w2 based) withhold more money from my paycheck every month?
Would this extra payment through this channel suffice for the purposes of estimated payments?
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Sakthisagar
04-29 09:48 AM
I agree and appreciate whatever IV is doing to improve the situation of people who is on the immigration Path Employment or Family.
But yesterday I was watching the media, none of the media even just marginally said about our EB immigration. back log. what steps IV has taken so far to get the media attention? it is very said media equating immigration = Illegal.
Please work towards that too.
But yesterday I was watching the media, none of the media even just marginally said about our EB immigration. back log. what steps IV has taken so far to get the media attention? it is very said media equating immigration = Illegal.
Please work towards that too.
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Shams
10-24 03:06 PM
BTW my case was received by NSC on 8/15, and so was my wife's. Her EAD card status still says "Case received and Pending".
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imneedy
06-07 01:35 PM
In NJ this is how it has been for last few years.
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wandmaker
11-03 05:36 PM
Thanks what dox did u send ?
Checkout : http://immigrationvoice.org/forum/showthread.php?t=14135 (http://immigrationvoice.org/forum/showthread.php?t=14135)
Extract for eFiling EAD:
Covering Letter from the PDF
Covering letter from self
Copy of I-485 Receipt
Copy of approved I-140 (If approved)
Copy of PP (1st and last Page)
Copy of Visa Stamping
Copy of I-94 (Front & Back)
Copy of DL
Checkout : http://immigrationvoice.org/forum/showthread.php?t=14135 (http://immigrationvoice.org/forum/showthread.php?t=14135)
Extract for eFiling EAD:
Covering Letter from the PDF
Covering letter from self
Copy of I-485 Receipt
Copy of approved I-140 (If approved)
Copy of PP (1st and last Page)
Copy of Visa Stamping
Copy of I-94 (Front & Back)
Copy of DL
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dilipb
02-07 04:56 PM
Seriously speaking I still am not convinced....
Can someone ellaborate on this more?
Thanks...
Can someone ellaborate on this more?
Thanks...
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Life2Live
04-28 04:20 PM
Lot of people just say if u want to complaint about your employer who is exploiting go to DOL. There is no specific guidance to it. If anyone knows about it or done in the past please post the links here. How to know the blacklisted company and how to add a company as blacklisted.
Following are the most common criteria I heard
1) Employer did not ran the pay check even though he/she worked for that employer
2) Employer Deducts money for H1B filing, bench period etc.,etc.,
3) Employer Deducts money for GC lawyer and application expenses but did not provide information about lawyer or any progress of GC or partially information of GC.. (I heard from my friends company they filed around 80 people on July 2007 and collected money for lawyer expense but they did not had any lawyer)
4) Deducting money for Bench period in advance...
Following are the most common criteria I heard
1) Employer did not ran the pay check even though he/she worked for that employer
2) Employer Deducts money for H1B filing, bench period etc.,etc.,
3) Employer Deducts money for GC lawyer and application expenses but did not provide information about lawyer or any progress of GC or partially information of GC.. (I heard from my friends company they filed around 80 people on July 2007 and collected money for lawyer expense but they did not had any lawyer)
4) Deducting money for Bench period in advance...
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vivache
11-08 06:56 PM
I agree .. I missed the 2.5 people per application, which does make sense.
The 245i sounds like an unknown .. since I have no idea how many visa will go from eb3 for 245i. Or for that matter even for EB2
This could be a dumb question .. but any idea . when I can get my GC for EB3 .. July 2002 priority date?
Thanks
The 245i sounds like an unknown .. since I have no idea how many visa will go from eb3 for 245i. Or for that matter even for EB2
This could be a dumb question .. but any idea . when I can get my GC for EB3 .. July 2002 priority date?
Thanks
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saji007
05-03 09:45 AM
1. No need to apply extn with the new employer, when you file for H1-Transfer you get 3 year extenstion
2. You need to apply for new PERM through new employer, as you do not have a pending i-485. In my case I have an EB2 Perm with proiority date of Feb 2008. New company filed for PERM in 2011 and is pending. Once they file for I-140, they will port the priority date from the old PERM. Attorney never told me any thing about job description or any issue as you can even port the priority date from EB3. So i think that does not apply. You will need your I-140 and PERM copies from the current employer while doing the transfer and porting the priority dates.
2. You need to apply for new PERM through new employer, as you do not have a pending i-485. In my case I have an EB2 Perm with proiority date of Feb 2008. New company filed for PERM in 2011 and is pending. Once they file for I-140, they will port the priority date from the old PERM. Attorney never told me any thing about job description or any issue as you can even port the priority date from EB3. So i think that does not apply. You will need your I-140 and PERM copies from the current employer while doing the transfer and porting the priority dates.
MetteBB
05-11 01:57 PM
O... how about this one ?
krishmunn
07-16 04:05 PM
People who do Consular Processing do complete their medical in designated hospitals in India. I know Jaslok and Lilavati in Mumbai are such approved hospitals and medicals from thsoe are accepted by US Consulate in India for Immigrant Visa (Consular Processing). However, will the same be accepted by CIS for AOS is the question. check with your attorney and do mention this information (that CP candidates can do medical overseas in designated hospitals).
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