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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1  
Old 07-11-2008, 07:30 PM
mkarothi mkarothi is offline
Junior Member
Priority Date
:
Sep-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
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Join Date: Jul 2008
Posts: 2
mkarothi is infamous around these parts mkarothi is infamous around these parts
Default completing 6yrs and LC Denied.

Hi,

I am in the following situation.

1. I am going to complete my 6yrs of stay ( L1 period + H1 period) in USA by Dec 2008 (after adding my vacation time in India).

2. I got H1 valid till June 2010 and got stamped on passport that valid till June 2010.
( USCIS approved H1 for me till 2010 eventhou I complete 6yrs by end of 2008)



3. My LC was electronically filed in September 2007 in EB2 category in Chicago DOL. Got Audit in October 2007 on Business Necessity ground and was replied within due date.

4. After several months of waiting (Audit response was accepted), it was denied on the following reason. "The internal job posting was not as per the DOL regulations".

5. My Lawyer said, the notice that was submitted was in the proper format-the exact format specified by the regulations that applied for reconsideration

He also mentioned that, he filed LC for other candidates with same job posting and got approval on their cases.

6. Now, Atlanta is processing all permanent Labors. As there is a huge back log at Atlanta processing center, My lawyer suggested to apply a new application rather waiting on this reply.

7. we need wait another 2 months ( for job ads and wait for response ) before even we can apply for new LC. even we apply some time in September 2008. I should get an approval immediately (as I am going to complete 6 yrs) otherwise I will be in trouble.


Given the scenario, what are my options as I am on time crunch.....?

Any suggestions greatly appreciated.
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  #2  
Old 07-11-2008, 07:43 PM
kshitijnt kshitijnt is offline
Senior Member
Priority Date
:
Jun-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/14/2008
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Join Date: Jan 2007
Posts: 604
kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute
Default

Quote:
Originally Posted by mkarothi View Post
Hi,

I am in the following situation.

1. I am going to complete my 6yrs of stay ( L1 period + H1 period) in USA by Dec 2008 (after adding my vacation time in India).

2. I got H1 valid till June 2010 and got stamped on passport that valid till June 2010.
( USCIS approved H1 for me till 2010 eventhou I complete 6yrs by end of 2008)



3. My LC was electronically filed in September 2007 in EB2 category in Chicago DOL. Got Audit in October 2007 on Business Necessity ground and was replied within due date.

4. After several months of waiting (Audit response was accepted), it was denied on the following reason. "The internal job posting was not as per the DOL regulations".

5. My Lawyer said, the notice that was submitted was in the proper format-the exact format specified by the regulations that applied for reconsideration

He also mentioned that, he filed LC for other candidates with same job posting and got approval on their cases.

6. Now, Atlanta is processing all permanent Labors. As there is a huge back log at Atlanta processing center, My lawyer suggested to apply a new application rather waiting on this reply.

7. we need wait another 2 months ( for job ads and wait for response ) before even we can apply for new LC. even we apply some time in September 2008. I should get an approval immediately (as I am going to complete 6 yrs) otherwise I will be in trouble.


Given the scenario, what are my options as I am on time crunch.....?

Any suggestions greatly appreciated.
See if your lawyer has contacts in DOL. If he has you will get approval in time. He can talk to the officer who rejected your application.

Alternatively, you can appeal the DOL decision.
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  #3  
Old 07-11-2008, 11:29 PM
sbvw76 sbvw76 is offline
Member
Priority Date
:
Nov-06
Category
:
EB3
I140 Mailed Date
:
01/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/25/2007
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Join Date: Aug 2007
Posts: 27
sbvw76 is on a distinguished road
Default Is H1 not vaild

You said your H1 is until 2010. Is that H1 not valid? why Dec 2008?

I'm in EB3-I with Nov 2006 PD and completing 6 yrs in January 2009. On seeing the Aug. visa bulletin, thought of changing the job and restart the GC process in EB2 with new company. I thought of utilizing the H1 until find a new employee..

Any advise from others?
__________________
-Perm,PD Nov2006, EB3, India.
-I140 - Nebraska - Approved 09/Dec/2008.
-I485 - Texas - 25/July/2007 - Pending.
-Got EAD & AP.FP done.
-Got 2nd EAD & AP ( EAD for 2 Years)
-Got 3rd EAD & AP Approved ( COMBO for just 1 yr)
-Contributed $300 so far..
-Sent letter to President & copied IV
-Sent letters to Senators
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