EB-1 OR Approved in one day
EB1 – Outstanding Researcher – Seed Technology/Plant Science
Form I-140
TSC Updates – 05/14/10
Reopening of a denied I-140 case - Cases when a denied I-140 is reopened, the center (TSC) usually reopens any ancillary applications like I-485, I-131 and I-765 that were denied only because of the denied I-140. Generally the procedure takes about 60 days for the file to be acquired form National Records Center or AAO and to reopen.
Out of Status
Question details
How many months gap is permisible for H-1 and also in GC process if person is on H-1 ?
I mean to say supposse one H-1 holder lost his job and if he got another job after 02 months ( Gap of 02 months ) then his H-1 and GC process will be effected ? His last co. is supporting by keeping her I-140 as such ( no revock )
(Condition: Person has H-1 and his I-140 was also aproved in last co. but due to some reason she left job and would like to join another co. on 3rd month, say after 02 months and would like to file H-1 in this new company )
A gap of even one day (unless excused by USCIS) puts a person out of status and is not permitted. When you leave a sponsoring employer, it certainly calls into question the continuity of existence the green card job'
Importance of having continuity of employment/pay stubs
Question details
Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.
Continued payments are required by law for H-1 holder, unless they come under some very limited exceptions for leave for employee's personal reasons. Not paying, exposes the employer to investigation and penalties and may place the employee out of status.
In the green card context, non-payment can lead to problems with demonstrating ability to pay wages.
For both H-1 and GC, nonpayment can lead to an assumption that no genuine job exists. That could lead to cancellation of one or both processes, except for situations where AC21 portability is involved.
EB3 to EB2 and I-140 Refile
Question details
I have worked for Company A and got my labor certificate(Approved in May 2009) and I-140(Approved in Nov 2009 under Eb-3). But company A got acquired by Company B. Company B bought major part of the assets from Company A. Both companies do same kind of business.
1. The new company B is in same County and State(but different cities).
2. I Will be doing similar or same work in a similar position.
3. H1B transfered from Company A to Company B.
1) Can company B use Company A Labor certicate and refile the I-140 again?
2) Since Company A filed I-140 on EB-3, Can Company B refile I-140 on EB2?
Generally speaking, I see this as a good opportunity to start a new PERM under EB2 and then transfer the priority date. Speak with your lawyers.
Guestbook Entry for Erfan Mohammed, United States
Name
Erfan Mohammed
Country
United States
State
Oregon
I-140 revocation based upon fraud reversed
We were recently retained at the I-140 Appeal stage for an I-140 denied on grounds of fraud/willful misrepresentation. USCIS denied the I-140 citing inconsistencies between the ETA 9089 job requirements, the advertisements, and a subsequent letter sent by petitioner with an RFE pertaining to the job requirements. Due to what USCIS termed as "material inconsistencies," the I-140 was denied on the grounds that the labor certification submitted was gained through fraud or willful misrepresentation of a material fact.
Green Card
Use of priority date
Question details
I am on an H1B Visa and my wife is on H4. She is about to finish her nursing school. My I140 is pending along with both our 485's. My question is.. if my wife finds an employer who is willing to file an I140 for her can we use my priority date and the already applied I485's to get the green card? My priority date is sept 2001. EB3.
Your wife cannot transfer your priority date to her case.
H1 6th Yr - Labor Approved - NO I-140
Question details
My Bank(!) has filed for my GC last year (Aug) and we got PERM Labor approved as of Feb'09. However, with everything going on with Banks and Economy in general, my new employer (who has taken over my previous employer Bank) has decided to not file for I-140. My 6th Year H1 is going to expire on May 2010. I explored few other companies where I can join and if they can start my GC. I was told by many of them that they will not apply for Labor as we don't have enough time left now to get my Labor approved and file I-140.
Is there any option left for me?
Getting an I-140 filed is your best bet. If you end up leaving USA, see if you can get a job that can get you an L-1, which then leads to an EB1 green card (usually takes about a year only to complete).
I-140 Denied
Question details
My I-140 got Denied on Aug 17 on Ability to pay after a RFE.Reason for Denial is "Employer had filed more than 30 cases since sep 2008, and company's net Asset $4M(approx) AND Liablity $2M (approx) and so the net "LIABILITY" is $1M (4-2=1 but they have calculate as -1).30 cases with $1M libality is not sufficient to support this Immigrant , company needs more than $3M to support 30 cases. The truth is (as per my employer) that we have filed 29 cases since 2006 and not sep 2008 also company has more funds and the numbers 4M and 2M are incorrect.What can be done ?
You can refile the I-140 or file an MTR/Appeal. Both have pros and cons.
Got GC problems?? Talk to Rajiv Khanna. That's exactly what I can say to all of those who are facing trouble in thier GC filing In 2006 I got my labor approved. I filed for I-140 in Nov-2006. And then 485 in Aug 2007. On 2009 Jan 6th I had received an Email from USCIS that my I-140 had been denied. There was no MTR given in my case and USCIS made a point that my consulting company got my labor in fraudulent manner and my I-40 can't be approved. My consulting company lawyer said there is nothing anyone can do in my case. So I contacted Rajiv Khanna. He took my case as if he is fighting for own. And he assured me that USCIS is wrong is denying my case. He himself prepared all the paperwork and involved me in all conference calls. I could listen very carefully on how he dicatated the case to his team and his team polished the necessary items further before filing the case. Rajiv Khanna and his team takes every case personally. They are the best. On 2010 Jan 2nd I received another mail from USCIS. Said my I-140 case has been approved. I never would have thought that I can start New Year like that. My kudos to Rajiv Khanna and his team (Mathew, Sheena) who always responded to my email regarding all case related queries and provided help in best possible way. Please do not hesitate to send me an email if you like to any other questions. But I would suggest and say it again. Rajiv Khanna is the Man you want to talk to for all your GC issues. Thank you Rajeev. I truly appreciate the way you worked on my case.