Topics | Search Log Out | Register | Edit Profile
Hide Clipart | Banned/Unbanned User Log | Moderator Login History | Thread Delete/Move Log | Last 30 mins | 1 | 2
EB3 downgrade - lawyers new guidance

Chalanachithram.com DB » New TF Industry Related » EB3 downgrade - lawyers new guidance « Previous Next »
Author Message
 

Dma
Megastar
Username: Dma

Post Number: 27720
Registered: 11-2009

Rating: N/A
Votes: 0 (Vote!)

Posted on Sunday, October 18, 2020 - 04:21 pm:       


Thokkalohdi:

dna, this is from my friends lawyer. very close friend. Mine is straightforward case




https://www.trackitt.com/usa-discussion-forums/i140/21315715 21


trackitt lo evaro word to word same post chesaaru
Jai Andhra!! Jai Jai Andhra!!!
 

Manthri
Side Hero
Username: Manthri

Post Number: 3857
Registered: 02-2013

Rating: N/A
Votes: 0 (Vote!)

Posted on Sunday, October 18, 2020 - 12:42 pm:       

mail room packages reject chesara

Gujju call center message la vundi ..e mail

 

Thokkalohdi
Hero
Username: Thokkalohdi

Post Number: 19158
Registered: 01-2008

Rating: N/A
Votes: 0 (Vote!)

Posted on Sunday, October 18, 2020 - 12:42 pm:       

Entodu, dna, this is from my friends lawyer. very close friend. Mine is straightforward case.
Caste: Shudra, Sub-caste: Software , Sub-sub-caste: nri Kula daivam: satyam raju
 

Entiodu
Comedian
Username: Entiodu

Post Number: 1721
Registered: 02-2011

Rating: N/A
Votes: 0 (Vote!)

Posted on Sunday, October 18, 2020 - 12:17 pm:       


Thokkalohdi:




Bro, is this from your attorney or trackitt?
 

Ruj
Megastar
Username: Ruj

Post Number: 25509
Registered: 03-2007

Rating: N/A
Votes: 0 (Vote!)

Posted on Sunday, October 18, 2020 - 12:14 pm:       

amend petti dani meedha query padithe..unnadhi poye unchuknadhi poye anattu..aa taruvatha legal caselu matti masanam..laabha padedhi lawyers USCIS..bokka padedhi manake..
 

Entiodu
Comedian
Username: Entiodu

Post Number: 1720
Registered: 02-2011

Rating: N/A
Votes: 0 (Vote!)

Posted on Sunday, October 18, 2020 - 12:02 pm:       

eb3 downgrade, tokka thotakura ani dabbulu denkaru ee lawyers.. ippudu emo roju ki oka story cheppi chavakodutunnaru..
 

Entiodu
Comedian
Username: Entiodu

Post Number: 1718
Registered: 02-2011

Rating: N/A
Votes: 0 (Vote!)

Posted on Sunday, October 18, 2020 - 12:00 pm:       

 

Dma
Megastar
Username: Dma

Post Number: 27710
Registered: 11-2009

Rating: 
Votes: 1 (Vote!)

Posted on Sunday, October 18, 2020 - 11:54 am:       


Thokkalohdi:

We have not personally seen or spoken to anybody who has seen these rejections




just fear mongering.

chinese have been doing this for ages.

if there exists a few rejections, those could be due to some other error or a training issue at mail room
Jai Andhra!! Jai Jai Andhra!!!
 

Thokkalohdi
Hero
Username: Thokkalohdi

Post Number: 19157
Registered: 01-2008

Rating: N/A
Votes: 0 (Vote!)

Posted on Sunday, October 18, 2020 - 11:51 am:       

Dear Client:

I'd like to share with you a new development regarding the filing of a second I-140 to "downgrade" from EB-2 to EB-3.

For several years, USCIS has accepted filings of a second, new, I-140 visa petition under the EB-3 category after an EB-2 I-140 petition was previously filed and approved by the same employer and employee based on the same job opportunity. And a new labor application was not required. Our office and many other lawyers have filed such petitions before and they were approved without any issues. The reason is that if a beneficiary qualifies for EB-2, then he or she should also qualify for the EB-3 classification with less requirements.

However, as we are working on your case, just a few days ago, there are some reports that USCIS mailroom has rejected this type of downgraded cases and the reason for rejection was because the original labor application was not available. These reports have been quickly spread around in some discussion forums, creating a lot of uncertainty and worries. The American Immigration Lawyers Association has reached out to USCIS for confirmation of their current policy but has not received any responses yet.

We have not personally seen or spoken to anybody who has seen these rejections but have been actively investigating this issue. However, the policy manual of USCIS has been revised to state that an amended petition is required if we want to file a new I-140 under a new visa classification. There is disagreement between lawyers as to whether to follow the new policy. There may even be lawsuits filed on this issue in the future. Our office likes to take the safer route for clients whenever possible. Hence, we recommend following the new USCIS policy for now to avoid rejection of the filings and missing of the Oct. Visa Bulletin.

Besides the legal intricacies, the following are the practical pros and cons of applying for an amended petition -


Pros - According to this new USCIS policy, the apparent benefit is that we should be able to get through the mailroom and have the I-140 and I-485/I-765/I-131, etc., be received and processed. If approved, your case will be classified as an EB-3 petition. And you will follow the EB-3 cutoff dates going forward.

Cons - If approved, the amended I-140 petition will replace the previous EB-2 classification with the EB-3. The previous EB-2 classification will on longer be available. You will still keep your original priority date. What if you want to go back to EB-2 in the future? In that case, your employer and you can file a new I-140 petition again to request an EB-2 classification.
Caste: Shudra, Sub-caste: Software , Sub-sub-caste: nri Kula daivam: satyam raju

Add Your Message Here
Post:
Bold text Italics Underline Create a hyperlink Insert a clipart image HASH(0x1b68248){Movie Clipart}
Show / hide regular icons selection options

Click on following links to open cliparts by Alphabetical Order

 A   B   C   D   E   F   G   H   I   J   K   L   M  

N   O   P   Q   R   S   T   U   V   W   X   Y   Z  

Show / Hide Filmy icons selection options

Click on following links to open cliparts by Alphabetical Order

  A   B   C   D   E   F   G   H   I   J   K   L   M  

N   O   P   Q   R   S   T   U   V   W   X   Y   Z  

Username: Posting Information:
This is a public posting area. Enter your username and password if you have an account. Otherwise, enter your full name as your username and leave the password blank. Your e-mail address is optional.
Password:
E-mail:
Options: Enable HTML code in message
Automatically activate URLs in message
Action: