Dreamer4usa Posted July 1, 2015 Report Posted July 1, 2015 Hai I have a question on priority date retention with respect to recent memorandum released by USCIS http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-0625_Post_Cuellar_de_Osorio_PM_Effective.pdf Does this apply to EB categories ? My current employer filed my GC in EB2, and my priority date is 2011 I got a new offer from another employer from another state, since i need to have my greencard processed from begining with new employer, can i still retain priority date from old employer. Thanks
pontevecchio Posted July 1, 2015 Report Posted July 1, 2015 I suspect the said Memo is not relevant to you as it refers to family based Immigration. As far as I am aware PD Retention still stands.
Attorney_21 Posted July 1, 2015 Report Posted July 1, 2015 Dreamer4usa As pontevecchio correctly notes, this memo only applies to the family-based categories. Priority date retention for the EB categories still stands, although with some possible uncertainty in certain situations. See our recent article on this issue BIA Decision Brings Uncertainty to Priority Date Retention After I-140 Revocation http://www.murthy.com/2015/05/28/bia-decision-brings-uncertainty-to-priority-date-retention-after-i-140-revocation/
columbusdude007 Posted August 4, 2015 Report Posted August 4, 2015 I am on Derivative EAD through my dad. I have completed my MS in Electrical Engineering in the US and have been working on EAD with a Desi Consulting Company. The PD is 2005 since it was filed in EB3I Category. 1. Can I file a new Perm and I-140? 2. If so, will it have any impact on my current status? 3. Does anything from my derivative petition help in any way? Thanks for your help.
pontevecchio Posted August 5, 2015 Report Posted August 5, 2015 Have you not aged out? Maybe more specifics.
JoeF Posted August 6, 2015 Report Posted August 6, 2015 Why in the world are you working with some consulting company? With the EAD, you can easily find a real employer.
klninc Posted August 16, 2015 Report Posted August 16, 2015 JoeF: What is the issue working for consulting company? I am not questioning your comment. But genuinely wanted to know. I am a consultant on EAD through NON-Desi, genuine small consulting company. This is because, I got this offer sooner than the full-time job and its closer to the place I live. So I chose it. Is that a problem when you reply to Employment EVL for 485 RFE?
JoeF Posted August 17, 2015 Report Posted August 17, 2015 JoeF: What is the issue working for consulting company? I am not questioning your comment. But genuinely wanted to know. I am a consultant on EAD through NON-Desi, genuine small consulting company. This is because, I got this offer sooner than the full-time job and its closer to the place I live. So I chose it. Is that a problem when you reply to Employment EVL for 485 RFE? There is nothing wrong in principle to work for a consulting company. However, desi consulting companies in particular often do very shady things, like faking the resume, not paying on bench, etc.
klninc Posted August 17, 2015 Report Posted August 17, 2015 There is nothing wrong in principle to work for a consulting company. However, desi consulting companies in particular often do very shady things, like faking the resume, not paying on bench, etc. Got your point! Would there be an issue, if they specify per hour rate instead of per anum salary in the employment letter we send to USCIS?
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