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About jainus99

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  1. Hello, I'm working in an organization since December 2009. When my green card was filed in January 2016 my job title was "Senior Engineer", and the roles and responsibilities included following - · Generally someone with industry knowledge and/or software knowledge · SME in multiple areas · Able to assist in even more areas · Able to work without management intervention My I-140 is approved, and Priority Date is January 2016. I'm due for promotion to the job title "Consultant", and the roles and responsibilities would be following - · SME in a lot of areas · Able to work in any area · Able to talk accurately about the whole product whenever and wherever regardless of audience · “Manager” on the floor, a mentor to “all” that need help, trusted advisor · The one that the Engineer level people go to and want to be My Manager and HR mentioned that they will have to file amendment for change in roles and responsibilities that matches with new title. They are concerned about filing amendment, and they mentioned that they are seeing less than 50/50 success rate and there is high risk involved in changing title as my green card might get declined. I'm very surprised that changing only couple of responsibilities can jeopardize my green card processing, and I'm also finding it unbelievable that I can't get any promotion within same organization till my GC is approved, which could be another 10-15 years. I thought since green card is filed for the future position, so there should not be much risk involved in filing amendment. I've seen many of my friends and family getting promotions within same organization after their green card process started. Since I'll be working in same organization and same team, and there is no drastic change in roles and responsibilities, so do we still have to file amendment? Can the amendment be filed later with I-485, or is it better to go back to old job without filing amendment? Can you please give me some insight so I can get promotion within same organization without affecting my green card, because I like working here and want to continue here but also want to grow in my career. Thanks so much for your help ! Regards,
  2. My I-140 is approved with company A and company B is planning to buy out my services from company A. Company A will give in writing that they will not revoke my I-140. If everything goes fine then I will join company B full time, they will transfer my H1-B and file my green card from start. Question 1: Before my new I-140 will approve and priority date become current, if it possible then I can file for I-485 (next step ) with my old approved I-140 ? Question 2: Can you please suggest what all precaution my new attorney needs to take, so that i will able to retain my old priority date? with your extension experience, I am sure you can give me some tips so that I can make sure that new attorney will do, so I will not face any issue to retain my old priority date.
  3. I am applying for visitor visa for my mother, Brother & sister in law. and I am sponsoring them completely for trip ( I134 form) My parents use different surname (cast : Maheshwari ) and we use different surname (Dhuth ) My parent's all documents there surname is Maheshwari and in all of us surname is Dhuth in some document & Maheshwari in some documents. Question 1 My Brother & sister in law will face any problem during visa ? because my brother's passport my father surname is Dhuth. o Do we need to make affidavit that my parents are know with 2 names ? where i can find format which is accepted by US consulate ? o If affidavit will not work then what document we need to avoid issue my parents surname is different in different document of my brother ? Question 2 : Due to different surname, I am planning to take different appointment for my mother and My brother's family ? do you think this is good idea ? or I can take one appointment for all of them to avoid my mother to prepare for interview, as she is in her 70's and she forget things ? · Question 3 Can you please suggest some interview questions or site where I can get questions asked during visitor's visa interview ? as my mother is in 70's , and she don't have all the new exposure and she forget things.
  4. jainus99

    President Obama's Immigration Plan

    Hi Sheela Murthy Madam and Murthy Law firm associates, Thanks for all help support to large community. to request government to speedup Obama EO or speed up the green card process. Can you please file some petition and we will make sure you will get 100,000 signatures. this might help from all the people who is in trouble to wait for green card. we all will appreciate you help.. Thanks,,
  5. My I-140 is approved , when I can get EAD ? Is any new law is coming about giving EAD to people who have I-140 approved ? if yes when we can expect it, just tentative time only After getting EAD it will be safe to change the Job ?
  6. Thanks for helping us. My I-140 was approved in Jun 2014 and my Priority date is Oct 2013 and my green card is filed in EB-2, My H1-B 6 year will complete in April 2017. I want to change my job and my new employer is ready to file my green card in EB-2, I asked old employee in my company and they said when any one leave the company they revoke green card because they file so many green card each year. I am looking for some proper solution by which I can change my job and I can retain my priority date. I have few questions, it will be really helpfully to me, if you can answer all the question separately. 1. Can you please suggest what is the best way I can adopt during job change, so that I can retain my priority date, because I already spend 3 years waiting. 2. Is it possible for my new employer to file my green card as a future employee ? 3. If yes - what will be safe way to job change , when PERM is filed or When PERM is approved or WHEN I-140 is filed or When I-140 is approved ? 4. With your experience what is possibility to get I-140 (Green Card) approve as a future employee ? I am planning to join some decent company. 5. Assume that I will get I-140 approve with Old priority date as a future employee and after that I Join new employee and my old company revoke my green card, then also I will be eligible to retain my priority date with new approved I-140 ? Few General questions: 1. How I came to know that my I-140 is revoked ? USCIS will send me any letter or email ? 2. is any web site you can suggest me where I can check my I-140 status any time? 3. where I can check how many green card my company filed and how many they revoked and at what stage? 4. Some people told me that after 180 days , my employer can't revoke my I-140 , is it true ? 5. Some web site says it I-140 is revoked by employer then also I can retain my priority date except I-140 is not revoked because of fraud or willful misrepresentation. please find different web site for reference. I am very confused , please guide me what all precautions I must take before joining new job and I can retain my priority date Reference: [1] http://www.murthy.com/2015/05/28/bia-decision-brings-uncertainty-to-priority-date-retention-after-i-140-revocation/ Current Policy Typically Allows Retention, Even After I-140 Revocation Priority date retention is only possible if the case results in an approved I-140. When this occurs, the priority date can usually be retained by the beneficiary for any subsequent employment-based green card case. This is permitted even if there is a change in EB category, job category, location, or any other similar variation. But, what if the I-140 is approved and then revoked? The law allows the USCIS to revoke an approved I-140 for a variety of reasons. In fact, a petitioning employer may request that the USCIS revoke an approved I-140 at any time, without explanation or reason. This commonly occurs when a foreign national worker leaves the petitioner to move to a new employer. The applicable regulations appear to prevent the retention of priority dates if an I-140 is revoked for any reason. However, longstanding policy by the USCIS and Legacy INS has been that, even following a revocation of the I-140, the priority date still may be retained. The one exception to this, per the USCIS Adjudicator’s Field Manual (AFM), is when the I-140 is revoked by the government based upon fraud or willful misrepresentation. [2] http://www.***********************.com/ In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification [3] http://www.****************.com/ Video but new comments enter: 6 May 2015: We are noticing a VERY disturbing trend: USCIS seems to have reverted back to the position (or are in the process of reverting back) that priority date will be lost if the I-140 is revoked, even if revoked by the employer, not USCIS. - See more at: http://www.****************.com
  7. jainus99

    can I re-utilize old I-140

    I have my I-140 approved last year, then I left my old company and my old company withdraw my green card. my new company is filing my Green Card, can I use my old I-140 & priority date, in my new Green Card ?
  8. jainus99

    Priority Date

    I used to work with USA company (A) on L1 Visa and they field my PERM and PERM was approved in Jan 2009 then I went back to India and changed my job, after that my Company A not filed I-140 for me. and present status of my PERM is - Certified-Expired I join back new company (B) and they have filed my PERM in Oct 2013 in EB2, can you please tell me is any way to get my priority date from my Old PERM 2009 instead of 2013 ? I have my last approved PERM copy with me.