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Member Profile: Nort (20 posts)

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Hello, I'm Nort (report this user)
I am from India
I last logged in on 14 Feb 2018
I have been a member since 29 Jan 2013
I have added 20 posts in trackitt forums
I added my last post on 09 Jan 2018
Nort's Immigration Cases
 
I-140 case: Approved in 135 days (39 days less than average)   (4 comments)
User: Nort Nationality: India
Applicant Type:primaryService Center:Texas
Category:EB2Priority Date:
Application Filed:14 Jun 2016USCIS Received Date:15 Jun 2016
USCIS Notice Date:USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:regular
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:27 Oct 2016
Total Processing Time:135 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 15 Aug 2016 Last Updated: 31 Oct 2016
Notes:
Nort's Posts
Posted in I-140 Forum on 09 Jan 2018
Topic: Should you follow IV?

blah blah blah.. why don't you produce all the evidence of the effort IV has put in?

"USCIS has announced to us.." USCIS is no one's friend buddy.. anything that comes out of USCIS is public. Now if IV claims USCIS has announced them, what's stopping IV to put the details in public?
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Posted in I-140 Forum on 26 Jun 2017
Topic: Switcthing jobs after 140 approved

If negotiating with your new organization, make sure all your conversations are in emails. Check what immigration law firm is your new organization is working with. Can you interact directly with the attorney processing your GC? or do you have to go through the HR and the HR will pass on your message to the attorney (if this is the case, your communication might be delayed and you cannot freely express your concerns as your HR might be tracking all your conversations with the attorney). In some cases, the GC process might be slow if the organization is very big. If possible, get hold of current employers in the new organization who have gone through the GC process. They might give you very good insight of how fast, efficient and responsive the immigration law firm is.

When I changed my job with approved I140, my previous employer was generous enough to hold on to the I140 (by not revoking it) until my I140 was approved with my current employer. You can definitely ask your previous employer but nothing can stop him to revoke your I140. Your dependent might lose the EAD status as soon as your I140 is revoked. To avoid the risks, stay in good terms with your previous employer.

Below is what Fragomen.com says:
A foreign national whose I-140 petition has been approved for 180 days or more will not have the petition automatically revoked if the employer goes out of business or withdraws the petition. However, the foreign national will need a new job offer or a new I-140 petition to obtain employment-based permanent residence.
An I-140 beneficiary whose petition is revoked will be able to use the priority date for a subsequent I-140 petition, unless the reason for revocation was fraud, material misrepresentation, invalidation or revocation of the underlying labor certification or material USCIS error.
Consistent with current policy, the beneficiary of a pending I-140 will be able to port to new employment after his or her adjustment of status application has been pending for 180 days or more, as long as the pending I-140 petition was approvable when filed and remained approvable for 180 days after the filing of the adjustment application.
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Posted in I-140 Forum on 31 Jan 2017
Topic: Take a Chill !!

House and senate are both ruled by republicans. Any rule passed which would favor the Americans wouldn't take long to get approved no matter how long it took to approve in the past and how many immigrants and non-immigrants it might affect. You are right about fear shouldn't be spread but changes approved by the congress, you are completely wrong. Get your facts straight.
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Posted in I-140 Forum on 01 Nov 2016
Topic: PD is Sept 2014, i140 Approved June 2016 - change of Employer

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Posted in I-140 Forum on 01 Nov 2016
Topic: Approved i-140. Steps to port previous PD

Correct me if I'm wrong. If I have my I-140 approved with my current employer, I-797 will list the date of current perm's priority date but not the previous priority date. When the date becomes current (of my old priority date), I need to recapture my priority date through "priority date retention" of my previous I-140.
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Posted in I-140 Forum on 23 Oct 2016
Topic: Approved i-140. Steps to port previous PD

Hi,

I have an approved I-140 from my previous employer (PD May 2012). My current employer has started my new GC process. Could you please help me understand the steps to port my previous PD?

Thanks..
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Posted in I-485 Forum on 09 Aug 2016
Topic: September bulletin out

I don't like to be a pessimist.. but looking at the recent and the current scenarios and more and more people coming on F1, H1 and the EB1 abusers, current and future applicants will never see the light of green card. Only relief we can expect is EAD for approved I140.
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Posted in I-485 Forum on 09 Aug 2016
Topic: September bulletin out

EB1 has moved to 2010? What factors might have caused this? Will this affect EB2 or EB3?
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Posted in I-140 Forum on 15 Oct 2015
Topic: Approved I 140 and porting the priority date to new employer

When choosing your new employer make sure he'll file for your green card as soon as possible. Your first priority after moving to a new employer is to insist him to file for your green card (if possible take it in a written notice, in case the HR changes and you won't have a proof of the date you agreed with your previous HR). Check and confirm on what category you'll be filing your green card with your new employer (EB1/2/3). Check with your attorney (of new employer) they have all the document and details they need for filing your green card and also verify with the attorney your priority date will be retained once you have your I140 approved with your new employer. All the best.
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Posted in I-140 Forum on 08 Oct 2015
Topic: Approved H4-EAD, I-140 revoked

I guess that's a very short period of her EAD. It's been just few weeks the H4-EAD rule got passed and there are still few people(H-4) who are waiting for their EAD approval. I wonder how USCIS got to know that the H1 guy got his I-140 revoked and send them the intent to deny notice? I do not disagree, but it's hard to believe on what you said.
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Posted in I-140 Forum on 08 Oct 2015
Topic: Approved H4-EAD, I-140 revoked

Thanks Pandaks for sharing the link.

"We have the discretion to revoke your employment authorization if your H-1B spouse no longer has an approved Form I-140 or is no longer eligible for H-1B status under sections 106(a) and (b) of AC21. Both you and your H-1B spouse must be maintaining your nonimmigrant status for you to be eligible for employment authorization under 8 CFR 274a.12(c)(26)."

But this point is very confusing. USCIS says they have the discretion to revoke. So the chances are they may or may not. Can we assume my wife can maintain her EAD (keep working) though my I-140 is revoked until USCIS revokes here EAD?

Reason being, I came across this forum and noticed an attorney saying "EAD will remain valid during its validity dates and as long as you maintain valid H-4 status.". Please refer comments from Ancy Verghese.

https://www.quora.com/Under-what-circumstances-w...

------------------------------------------------------------

Thanks for your reply Sainatha..

"...you would not qualify for employment authorization based on that eligibility criterion."

This point comes into play if I'm planning to file EAD for my wife. My wife has already got her EAD approved.
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Posted in I-140 Forum on 08 Oct 2015
Topic: Approved H4-EAD, I-140 revoked

Hi.. Thanks for replying my post. How sure are you on your message? If what you said is a valid statement, I'm completely fine with it. But any reference from a .gov article to confirm this would be great.
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Posted in I-140 Forum on 08 Oct 2015
Topic: Approved H4-EAD, I-140 revoked

Hi,

My wife in her H4 got her EAD approved few days back (valid till Oct 2017). I have approved I-140 from my previous employer. My employer says he'll be revoking my I-140 in next few days. If my I-140 gets revoked, will my wife's EAD be revoked as well?
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Posted in I-140 Forum on 28 Sep 2015
Topic: I-140 from previous employer. Will be revoked

Hi,

I have my approved I-140 from my previous employer with PD Aug 2012. He say's he will be revoking my I-140 in next few days. My current employer has started my Green Card processing and is currently on recruitment stage. My current employer's attorney made sure even if my previous employer revokes my I-140, I can port my PD once I get the I-140 approved (with the current rule). Looking at this pace, it might take around 8 months to get an I-140 from my current employer.

I had a conversation with one of my colleague and he says a new rule might come: if previous employer revokes the I-140, we cannot port the PD. I tried to search online for articles relevance to this issue but couldn't find any or I might be overlooking it. Can someone please help me if there is any proposal for this rule?

Thanks.
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Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders

From the previous posts, I see H1 with I-140 approval of previous employer can apply for H4-EAD. I fall into this category. My current employer has started my Green Card application and I have I-140 approval from my previous employer. After I file for my spouse H4-EAD and my spouse starts working, what happens if my previous employer revokes my approved I-140?
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Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders

Firstly I would like to thank everyone for all the effort you have put in for this cause.

And sorry if this question has been asked previously..
From the previous posts, I see H1 with I-140 approval of previous employer can apply for H4-EAD. I fall into this category. My current employer has started my Green Card application and I have I-140 approval from my previous employer. After I file for my spouse H4-EAD and my spouse starts working, what happens if my previous employer revokes my approved I-140?
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Posted in I-765 (EAD) Forum on 09 Feb 2015
Topic: EAD for H4 Visa Holders

I have approved I-140 from my previous employer. I moved to a new company and my current company has started my green card processing. My previous employer has not revoked my I-140 yet. If the H4-EAD comes into effect, can my wife work with my approved I-140 from my previous employer?
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Posted in Atlanta PERM Forum on 09 Feb 2013
Topic: PERM denied after audit - Need Experts opinion

Based on the expert opinions in various sites, threads and forums: when the decision is held for more than 2 months, it is suggested to withdraw the appeal and start a new PERM application. As it's almost a year in your case, I think it'd be a good idea if start new PERM process. Did you ask your attorney if your application was forwarded to BALCA? They should be able to answer this.
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Posted in I-485 Forum on 31 Jan 2013
Topic: PERM denied after audit - Need Experts opinion

My employer received a denial on my PERM application and my attorney appealed against the denial, stating it was error by the Gov't and wanted the DOL to reconsider my application. For your reference, I am providing you with all the dates below, can anyone let me know when is the earliest that I can expect the DOL to reconsider my application and make a decision one more time. As that we can’t make any assumptions on the output of the appeal, but want to understand the approximate time it will take for the DOL to get to my appeal per the dates provided below.

PERM Filed: May 2012
Audit Notice: 2nd week of August'2012
Audit Response: Immediately within 3 days
Received Perm Denial: 3rd week of Dec,2012
Filed appeal in less than 1 week from the date we received a denial notice.

My attorney sent the below mail on the reasons of denial of my labor certification:
1. The recruitment report is not signed but we did submit the signed recruitment report. This appears to be government error.

2. Travel statement: in the audits received last year, the DOL started adding a new section about roving employment and asked for a signed statement from the employer indicating the travel requirements for the position. We submitted that and have used the same letter for all the cases without any problems. Now, they are taking issue with the travel statement and are saying that the advertisements did not address this, even though all ads clearly stated that the position involves working in unanticipated locations. This has been the standard way of advertising for consulting positions that we have been using with success for years so it is unclear why they are raising an issue now. It may be a new trend. There is no clear guidance from DOL regarding how exactly to advertise for these types of employees. We definitely have arguments that we can make in a request for review, but because it is such a new issue, it may be something that BALCA will have to address.

I requested my attorney to start the "Request for review" process. Initially we are approaching with "request reconsideration of the decision by the certifying officer (CO)". This may take one or two months to get a response from CO. I am assuming if further investigation required, this case will be forwarded to BALCA. In my opinion, if the case is forwarded to BALCA, there are less chances of getting the approval and minimum time it would take is year and a half or two. Best approach would be withdraw the case if forwarded to BALCA and apply for new PERM.

Murthy law firm states, we can only start a new PERM application if the decision is denied or we withdraw the case. Considering the decision may take atleast 2 months from CO, can we start initial work (Prevailing wages, Newspaper Ad..) for the new PERM application, so that I can save 2 months if my PERM is denied or forwarded to BALCA(which in my opinion is denial again)?

About me: I have done Masters in Computer Science. This is my first term(third year) of my H1.

Lastly the questions I have:
1. When is the earliest that I can expect the DOL to reconsider my application and make a decision one more time?
2. Can I start my PERM process to save time till I get response from CO?

P.S. I posted this thread in another forum by mistake, so posting it here. From the above, please correct me if I'm wrong or missing anything.
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Posted in Atlanta PERM Forum on 31 Jan 2013
Topic: PERM denied after audit - Need Experts opinion

My employer received a denial on my PERM application and my attorney appealed against the denial, stating it was error by the Gov't and wanted the DOL to reconsider my application. For your reference, I am providing you with all the dates below, can anyone let me know when is the earliest that I can expect the DOL to reconsider my application and make a decision one more time. As that we can’t make any assumptions on the output of the appeal, but want to understand the approximate time it will take for the DOL to get to my appeal per the dates provided below.

PERM Filed: May 2012
Audit Notice: 2nd week of August'2012
Audit Response: Immediately within 3 days
Received Perm Denial: 3rd week of Dec,2012
Filed appeal in less than 1 week from the date we received a denial notice.

My attorney sent the below mail on the reasons of denial of my labor certification:
1. The recruitment report is not signed but we did submit the signed recruitment report. This appears to be government error.

2. Travel statement: in the audits received last year, the DOL started adding a new section about roving employment and asked for a signed statement from the employer indicating the travel requirements for the position. We submitted that and have used the same letter for all the cases without any problems. Now, they are taking issue with the travel statement and are saying that the advertisements did not address this, even though all ads clearly stated that the position involves working in unanticipated locations. This has been the standard way of advertising for consulting positions that we have been using with success for years so it is unclear why they are raising an issue now. It may be a new trend. There is no clear guidance from DOL regarding how exactly to advertise for these types of employees. We definitely have arguments that we can make in a request for review, but because it is such a new issue, it may be something that BALCA will have to address.

I requested my attorney to start the "Request for review" process. Initially we are approaching with "request reconsideration of the decision by the certifying officer (CO)". This may take one or two months to get a response from CO. I am assuming if further investigation required, this case will be forwarded to BALCA. In my opinion, if the case is forwarded to BALCA, there are less chances of getting the approval and minimum time it would take is year and a half or two. Best approach would be withdraw the case if forwarded to BALCA and apply for new PERM.

Murthy law firm states, we can only start a new PERM application if the decision is denied or we withdraw the case. Considering the decision may take atleast 2 months from CO, can we start initial work (Prevailing wages, Newspaper Ad..) for the new PERM application, so that I can save 2 months if my PERM is denied or forwarded to BALCA(which in my opinion is denial again)?

About me: I have done Masters in Computer Science. This is my first term(third year) of my H1.

Lastly the questions I have:
1. When is the earliest that I can expect the DOL to reconsider my application and make a decision one more time?
2. Can I start my PERM process to save time till I get response from CO?

P.S. From the above, please correct me if I'm wrong or missing anything.
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