corba
05-09 10:52 AM
I am already actively participating in all the event for "Filing 485 when PD is not current" in immigarationvoice ...
I sent my contribution amount for IV's April month washington campaign also ...
I understand 221g is an action to prevent fraud. But at the same time consular officer should give a chance to prove visa applicant's point at the time of interview. In my case I had most of the docs at the time of interview, Why don't they accept those docs and start processing immediately, then I would have saved some 3 weeks ...
Moreover, Not all ther employer will hold your position, If your case is taken long period for approval. They have to run their business ...
So I would expect DOS should change the way of handling 221g cases. Right now It's too lenghty and more confused ...
I sent my contribution amount for IV's April month washington campaign also ...
I understand 221g is an action to prevent fraud. But at the same time consular officer should give a chance to prove visa applicant's point at the time of interview. In my case I had most of the docs at the time of interview, Why don't they accept those docs and start processing immediately, then I would have saved some 3 weeks ...
Moreover, Not all ther employer will hold your position, If your case is taken long period for approval. They have to run their business ...
So I would expect DOS should change the way of handling 221g cases. Right now It's too lenghty and more confused ...
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EkAurAaya
11-30 10:31 PM
to file a new set of 485s for the new current PD when two individuals have pending 485s and a A# assigned.
The great ways of USCIS.
Anilsal.. it is perfectly fine and allowed to have multiple AOS application, and in many ways common too... a friend of mine had his EB 485 pending, he then got married to a US citizen... he had to file another AOS to get GC through marriage.
Sometimes people have FB AOS pending and they apply EB AOS.... so this was nothing out of the ordinary.
The A# is used to merge the applications. So there are no open cases if one is approved... hope this makes sense.
The great ways of USCIS.
Anilsal.. it is perfectly fine and allowed to have multiple AOS application, and in many ways common too... a friend of mine had his EB 485 pending, he then got married to a US citizen... he had to file another AOS to get GC through marriage.
Sometimes people have FB AOS pending and they apply EB AOS.... so this was nothing out of the ordinary.
The A# is used to merge the applications. So there are no open cases if one is approved... hope this makes sense.
Goodintentions
01-26 07:28 PM
Dear All,
I am not one of the gurus who have an excellent idea about the number game! Nor am I a person who has obtained a US degree!
However, I feel that any bill which will provide more visas to the legal EB community should be supported and welcomed as this will certainly reduce the clogged line. Let us welcome and support this bill.
Again, let me add that I do not intend to support any particular group. I am only a supporter of legal immigrants!
Best wishes!
I am not one of the gurus who have an excellent idea about the number game! Nor am I a person who has obtained a US degree!
However, I feel that any bill which will provide more visas to the legal EB community should be supported and welcomed as this will certainly reduce the clogged line. Let us welcome and support this bill.
Again, let me add that I do not intend to support any particular group. I am only a supporter of legal immigrants!
Best wishes!
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chanduv23
07-19 01:49 PM
Digg
http://digg.com/world_news/Skilled_Workers_May_See_Green_Card_Surge
http://digg.com/world_news/Skilled_Workers_May_See_Green_Card_Surge
more...
augustus
10-05 04:00 PM
Our FP were sent back to USCIS the same day - 10/1/07.
What does this mean. The lady didnt have any information on name check. Seems like there is no way of knowing anything about name check!:mad:
Yeah sadly, there is no way to know. Even I am desperate to find out how one can know if they have cleared name check. I happened to know this from my friend - Get an infopass appointment and maybe an immigration officer might be willing to help you. I don't know how far this is possible since I HAVE NOT TRIED IT. But could be one of the options. More discussions from other experts might help.
What does this mean. The lady didnt have any information on name check. Seems like there is no way of knowing anything about name check!:mad:
Yeah sadly, there is no way to know. Even I am desperate to find out how one can know if they have cleared name check. I happened to know this from my friend - Get an infopass appointment and maybe an immigration officer might be willing to help you. I don't know how far this is possible since I HAVE NOT TRIED IT. But could be one of the options. More discussions from other experts might help.
dixie
04-13 09:01 PM
But in not "voting with our feet" we are part of the problem. Just imagine, if a substantial fraction of H1 visa holders left the US tomorrow (and quoted the backlogs as the cause) wouldn't that get more attention than all our efforts so far?
You are dead right .. but a bigger contributing factor is the fact that a vast majority of GC applicants come from a small number of highly populated labor-surplus countries, with a virtually infinite stream of young people itching to land here even if we go back ... the demand from our home countries is as big an issue as our reluctance to go back. Thats why you see corporates lobbying heavily for H1-B visas, but not as much for EBs.Simple supply and demand.
But, this game isnt going to go on forever. Those people who want to come here are not idiots. The prime reason so many students and skilled workers choose to come here rather some other developed country is because of the possibility of settling here .. when this turns out to be a mirage and word spreads about our plight, the trend will reverse dramatically. The only question is how soon .. we are definitely in a position to accelerate that.
You are dead right .. but a bigger contributing factor is the fact that a vast majority of GC applicants come from a small number of highly populated labor-surplus countries, with a virtually infinite stream of young people itching to land here even if we go back ... the demand from our home countries is as big an issue as our reluctance to go back. Thats why you see corporates lobbying heavily for H1-B visas, but not as much for EBs.Simple supply and demand.
But, this game isnt going to go on forever. Those people who want to come here are not idiots. The prime reason so many students and skilled workers choose to come here rather some other developed country is because of the possibility of settling here .. when this turns out to be a mirage and word spreads about our plight, the trend will reverse dramatically. The only question is how soon .. we are definitely in a position to accelerate that.
more...
Macaca
01-24 08:58 PM
You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it’s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.
USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?
If they did not catch it at PERM, why did they not catch it at the I-140 stage?
USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?
If they did not catch it at PERM, why did they not catch it at the I-140 stage?
2010 (Janine Habeck Saacha )
GIC
07-12 04:42 PM
Sorry if I sound offensive man but with this kind of English you need serious help before you need EB category green card.
Well TimeSaver, you need to brush up your English too !!!
Well TimeSaver, you need to brush up your English too !!!
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sc3
08-13 08:03 PM
Dear IVans,
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
USCIS is not efficient, and in fact they are playing with EB3s. There needs to be better transparency, and better adherence to the laws.
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
USCIS is not efficient, and in fact they are playing with EB3s. There needs to be better transparency, and better adherence to the laws.
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Happyday
07-18 09:25 PM
Aren't the MODERATORS part of CORE Group?
Just a thought which came to my mind after seeing the video, whereby it is mentioned that the Post's realted to Finance been deleted by the Online Moderators in past.
I support IV and all it actions. Can any body clarify my query?
Just a thought which came to my mind after seeing the video, whereby it is mentioned that the Post's realted to Finance been deleted by the Online Moderators in past.
I support IV and all it actions. Can any body clarify my query?
more...
ho_gaya_kaya_?
05-23 09:40 AM
What about if one comes back on AP and hence has to use EAD but also has a valid H1 approval ( but no stamping in the passport ) . Can they go back and use that H1 approval for stamping and come back on H1 ? They are still working for the same company which sponsered the H1 and the GC
if you use AP- you dont have to use EAD- you can continue to use H1
and get it stamped the next time you go to consulate.
if you use AP- you dont have to use EAD- you can continue to use H1
and get it stamped the next time you go to consulate.
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perm
12-14 09:52 AM
Registering myself
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MahaBharatGC
04-16 10:30 AM
yes, my I-140 is approved. If your old employer revokes the I-140, as part of the processing of that revocation the USCIS *might* issue an RFE or NOID asking you for an updated employment verification letter. Per my attorney its more likely that USCIS wont do anything to the 485 right now, but will check the status of the I-140 while processing my 485. As part of preadjudication it might happen earlier, but also possible that it will only happen when my PD is current or almost current (July-2006/EB2/India). At that point we should get an RFE, and thats when my attorney plans to inform USCIS about the AC-21 change of employer.
Just a quick question:
My employer had legal dept and lawer filed G28 form for me when applied for I-485. Do we really need to hire a lawyer to represent us? I am planning to move to client under similar job description this month end and would like to see if I have to file AC21 and change the lawer representation.
I appreciate any response.
Just a quick question:
My employer had legal dept and lawer filed G28 form for me when applied for I-485. Do we really need to hire a lawyer to represent us? I am planning to move to client under similar job description this month end and would like to see if I have to file AC21 and change the lawer representation.
I appreciate any response.
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vin
09-17 12:58 PM
cool man! congratulations. Enjoy your gc.
more...
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gc_freedom
05-12 02:10 PM
The correct address for EAD renewals is on page 7 form.Look for the following on the link http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD posted by nogc_noproblem.
check for this:-
(9) I-485 pending Please see page 7 of the form instructions for more information.
Thanks,
gc_freedom
check for this:-
(9) I-485 pending Please see page 7 of the form instructions for more information.
Thanks,
gc_freedom
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jung.lee
03-03 01:22 PM
Thanks for responding to my post.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
more...
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DDash
03-25 10:08 AM
H1+H-4 Extension: Applied DEC/18/2007. No Lud. Still pending
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niceguy369
04-04 03:30 PM
To IV Core team:
You guys are awesome and please continue with your efforts. We are all behind you guys. Ignore those people who are indirectly diverting you guys. Guys like 'bheemi' instead of encoraging this guy discourages completely.
It is so sad that we have some members in our group working against us :-(
Thanks,
Nice Guy
You guys are awesome and please continue with your efforts. We are all behind you guys. Ignore those people who are indirectly diverting you guys. Guys like 'bheemi' instead of encoraging this guy discourages completely.
It is so sad that we have some members in our group working against us :-(
Thanks,
Nice Guy
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mhtanim
10-05 08:10 PM
So what you are saying is that INS and IRS systems are connected?
IRS can go back 3 years unless they have evidence that you understated your income by more than 20%. There are some depreciation issues that may allow them to go back further.
As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.
I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.
Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.
IRS can go back 3 years unless they have evidence that you understated your income by more than 20%. There are some depreciation issues that may allow them to go back further.
As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.
I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.
Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.
lazycis
12-14 08:15 AM
There is a clear guideline and it's written in the INA (Tiitle 8 USC 1153). You are correct that is goes from EB1-EB2-EB3 and that unused numbers are lost at the end:
http://www.law.cornell.edu/uscode/html/uscode08/usc_sup_01_8_10_12_20_II_30_I.html
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability
An alien is described in this subparagraph if�
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien�s entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers
An alien is described in this subparagraph if�
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States�
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers
An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien�s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) Waiver of job offer
(i) National interest waiver Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien�s services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) Physicians working in shortage areas or veterans facilities
(I) In general The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if�
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician�s work in such an area or at such facility was in the public interest.
(II) Prohibition No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 1154 (b) of this title, and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 1255 of this title, until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 1101 (a)(15)(J) of this title), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Statutory construction Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 1154 (a) of this title, or the filing of an application for adjustment of status under section 1255 of this title, by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) Effective date The requirements of this subsection do not affect waivers on behalf of alien physicians approved under subsection (b)(2)(B) of this section before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under subsection (b)(2)(B) of this section prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to subsection (b)(2)(B) of this section except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 1101 (a)(15)(J) of this title) before a visa can be issued to the alien under section 1154 (b) of this title or the status of the alien is adjusted to permanent resident under section 1255 of this title.
(C) Determination of exceptional ability
In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers
Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required
An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 1182 (a)(5)(A) of this title.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sup_01_8_10_12_20_II_30_I.html
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability
An alien is described in this subparagraph if�
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien�s entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers
An alien is described in this subparagraph if�
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States�
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers
An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien�s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) Waiver of job offer
(i) National interest waiver Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien�s services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) Physicians working in shortage areas or veterans facilities
(I) In general The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if�
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician�s work in such an area or at such facility was in the public interest.
(II) Prohibition No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 1154 (b) of this title, and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 1255 of this title, until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 1101 (a)(15)(J) of this title), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Statutory construction Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 1154 (a) of this title, or the filing of an application for adjustment of status under section 1255 of this title, by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) Effective date The requirements of this subsection do not affect waivers on behalf of alien physicians approved under subsection (b)(2)(B) of this section before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under subsection (b)(2)(B) of this section prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to subsection (b)(2)(B) of this section except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 1101 (a)(15)(J) of this title) before a visa can be issued to the alien under section 1154 (b) of this title or the status of the alien is adjusted to permanent resident under section 1255 of this title.
(C) Determination of exceptional ability
In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers
Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required
An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 1182 (a)(5)(A) of this title.
lazycis
12-20 11:03 AM
http://www.murthy.com/news/n_sercen.html
Interfiling
�MurthyDotCom
The USCIS confirmed that it will continue to permit interfiling of I-485s when a person obtains two I-140 petition approvals. Interfiling is essentially the transfer of a pending I-485 application to adjust status from one I-140 petition to another filed for the same beneficiary. Examples would be when there is a successor employer, or an I-140 petition filed by a new employer or with the same employer based on a new and different job offer. This eliminates the need to re-file the I-485 in many situations, if there is a second I-140 petition to support the pending I-485.
So if your second I-140 is approved you'll be able to interfile if you want to but I do not see the problem with filing the second I-140 while one is already pending.
Interfiling
�MurthyDotCom
The USCIS confirmed that it will continue to permit interfiling of I-485s when a person obtains two I-140 petition approvals. Interfiling is essentially the transfer of a pending I-485 application to adjust status from one I-140 petition to another filed for the same beneficiary. Examples would be when there is a successor employer, or an I-140 petition filed by a new employer or with the same employer based on a new and different job offer. This eliminates the need to re-file the I-485 in many situations, if there is a second I-140 petition to support the pending I-485.
So if your second I-140 is approved you'll be able to interfile if you want to but I do not see the problem with filing the second I-140 while one is already pending.
