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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 (permalink)  
Old 05-18-2008, 02:02 AM
Banned
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
08/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/10/2007
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Join Date: Aug 2007
Posts: 193
bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts
Default Eb2 Query

Dear Friends
There is a job posting for a management position in my office and we have been asked to apply if interested.

Brief intro about my background
1.Engineer -1.5years with current company's Indian Office
2.Sr.Engineer-5.5 years with current company's Indian Office
3.Consultant-Different company outside India (not US)-3 months
4.Service Manager-A company in US for 6 months
5.Engineer-Current Company 2.5 Years(another Branch Office like Indian office)

My EB2 140 has been applied as Sr.Engineer and is pending.

The current opening for Service Manager needs some experience in Management which i have working for the other company in US.I had emailed my current Manager that I intend to apply for this position provided he recommends which was a requirement for applying.

Though he hasnt comeback to me ,my HR contacted me and was concerned if my immigration status would permit me to apply for which i replied , "my immigration status seems to be of no hindrance .Also there is no need to go through another labor certification to apply for Permanent Resident as it is an L Visa and I would be eligible for EB1 directly per current laws "and later in the evening sent the following details

USCIS WEBSITE:



Click here <http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=93af8e67f00361475250eb2a058a6 d88> and select “INDIVIDUAL L PETITION PROCESS”. At about 75% down you may note


(2) Conversion from Specialized Knowledge to Executive / Manager Position . An L-1B specialized knowledge alien may change to an L-1A executive/manager to receive the benefits of the seven year limit of stay. The petitioner must have an I-129 petition approved in the alien's behalf as an executive or manager for six months to be able to receive the limitation of stay of seven years. This means that a specialized knowledge alien must have an I-129 approved as an executive or manager prior to his four and one half year period of stay in the United States. Remember that the work experience outside the U.S. does not have to be in the same capacity as the proposed employment in the U.S.



Also as per 8 C.F.R. 214.2(l)(15)(ii).



Here is the regulation that authorizes a change in status from L-1B to L-1A, and an extension of the 5 year limitation to 7 years:

"An extension of stay may be authorized in increments of up to two years for beneficiaries of individual and blanket petitions. The total period of stay may not exceed five years for aliens employed in a specialized knowledge capacity. The total period of stay for an alien employed in a managerial or executive capacity may not exceed seven years. No further extensions may be granted. When an alien was initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, he or she must have been employed in the managerial or executive position for at least six months to be eligible for the total period of stay of seven years. The change to managerial or executive capacity must have been approved by the Service in an amended, new, or extended petition at the time that the change occurred." 8 C.F.R. 214.2(l)(15)(ii).

.................................................. .................................................. .................................................. ............

In the mean time before i sent my reply,my HR has consulted my attorney if this would jeopardise my EB2.The due date for applying is this Tuesday.Any idea what happens to my EB2.?The job profile in my EB2 is fully technical and this opening is fully management.Is there a way we could amend it later if at all i get promoted.

Thanks Guys

Last edited by bestin; 05-18-2008 at 02:58 AM.
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  #2 (permalink)  
Old 05-18-2008, 01:57 PM
Banned
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
08/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/10/2007
Compare
Join Date: Aug 2007
Posts: 193
bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts
Default

Any clues???.
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  #3 (permalink)  
Old 05-18-2008, 02:30 PM
Senior Member
Priority Date
:
Feb-08
Category
:
EB1A
I140 Mailed Date
:
07/23/2009
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/29/2009
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Join Date: Nov 2007
Posts: 395
kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute
Default

Sorry for not being helpful; this is what I would say:

While your case is very interesting, it is way too complicated to be answered in this forum. You should talk to your lawyer about the details of this. If your lawyer is not much knowledgeable, consider paid consultation with a good lawyer; it sounds like it is worth it.
Good Luck.
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  #4 (permalink)  
Old 05-18-2008, 09:38 PM
Banned
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
08/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/10/2007
Compare
Join Date: Aug 2007
Posts: 193
bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts
Default

Quote:
Originally Posted by kondur_007 View Post
Sorry for not being helpful; this is what I would say:

While your case is very interesting, it is way too complicated to be answered in this forum. You should talk to your lawyer about the details of this. If your lawyer is not much knowledgeable, consider paid consultation with a good lawyer; it sounds like it is worth it.
Good Luck.

You are right .I am also having something similar going on in my mind.My Attorney i believe is unprofessional as he has sent a reply mentioning that he represents both myself and company and so he cannot reply to me alone and cced to HR.I am not against he CCing to HR but he could have avoided mentioning that in a common email as if I had tried to hide something from HR.I paid for my GC that too a very high fee for his services and dont think it was wrong on my part to consult my attorney and so i didnt cc my HR.His reasoning doesnt make sense because he didnt cc me on my case when my HR contacted.

Ok guys ,for those who are monitoring,he wants to have a look on the new job profile and only then he could reply.I had replied all addressing to HR to forward the job profile.I have also sent an email to a notable attorney who volunteers in a website on this query.I will let you know once i get an answer.In anycase i am not planning to fight against the system or show law points for applying.What ever it may be we are non-immigrants and we have to face consequences without choice atleast till we get our GCs.Thats the way "The Land of Opportunity" treats....
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  #5 (permalink)  
Old 05-19-2008, 01:36 PM
Senior Member
Priority Date
:
Feb-08
Category
:
EB1A
I140 Mailed Date
:
07/23/2009
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/29/2009
Compare
Join Date: Nov 2007
Posts: 395
kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute
Default

"In anycase i am not planning to fight against the system or show law points for applying.What ever it may be we are non-immigrants and we have to face consequences without choice atleast till we get our GCs.Thats the way "The Land of Opportunity" treats...."

I hear you my friend...but it is the hard fact. I dont know if it is fair or not.

In any case, Good Luck to you.
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  #6 (permalink)  
Old 05-20-2008, 05:27 PM
Banned
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
08/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/10/2007
Compare
Join Date: Aug 2007
Posts: 193
bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts
Default

If at all it helps..
Attorney has replied to me and HR.Since the new job needs a Bachelors or Masters degree my present job classification would be valid and so we can continue as it is-meaning no implications to EB2.If desired we can apply for
EB1 if recruited.He also sent the profile which HR sent him .It was slightly different though.

Could not decide to apply or not officially after all these,though my Manager has recommended for interview.
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