B********n
发帖数: 12753 | 1 http://forum.murthy.com/index.php?/topic/67697-unique-situation
Posted 26 November 2013 - 04:52 PM
The unique situation you appear to be referring to is when a foreign
national has an EB2 case, but the processing for EB3 cases for that person
is moving more quickly. The main question raised is whether such a foreign
national would be able to have an EB3 I-140 petition filed to take advantage
of the quicker processing time for the EB3 category. The short answer is “
yes” but only if the sponsoring employer first obtains an approved labor
certification for a job that requires EB3 level education and / or
experience.
(1) If PERM is still within 180 days, does a EB2 Chinese have to file PERM
again before he or she can file an I-140 in the EB3 category?
Yes. The labor certification must test the labor market for the appropriate
category. If the labor required EB2 level requirements, it can only be
filed in EB2 classification. If you want to have an EB3 I-140 filed, you
must first have a U.S. employer obtain an approved labor certification with
EB3 level experience and education requirements.
(2) If PERM has past 180 days, does a EB2 Chinese have to file PERM again
before he or she can file an I-140 in the EB3 category? Department of Labor
has a Q&A about PERM validity on the DOL website: Does this sentence mean
that if an EB2 I-140 has been approved, the PERM will never expire?
"Labor certifications approved on or after July 16, 2007, will expire 180
days from their date of issue, unless filed prior to expiration with the
Department of Homeland Security in support of a Form I-140 Immigrant
Petition for Alien Worker."
http://www.foreignla...faqsanswers.cfm
Same answer and #1; a PERM testing the labor market for EB3 level education
and experience requirements must be approved before an EB3 I-140 petition
can be filed. An EB3 Skilled Worker position requires at least 2 years of
experience and an EB3 Professional position requires at least a U.S.
Bachelor’s degree or foreign equivalent.
(3) If a Chinese EB2 does not have to file PERM again no matter whether it's
with 180 days, can a Chinese EB2 file a new I-140 in the EB3 category using
the premium process? According to the I-140 form and the discussion below,
USCIS allows multiple I-140 based on the same PERM.
http://www.uscis.gov.../form/i-140.pdf
Form I-140 states, "Check below if this petition is being filed:
1. To amend a previously filed petition. Previous petition receipt number:
No, your sponsoring employer needs to obtain an EB3 labor certification
approval first.
(4) If a Chinese EB2 does not have to file PERM again no matter whether it's
with 180 days, can a Chinese EB2 file a new I-140 in the EB3 category
concurrently with I-485?
Only if there is an approved EB3 labor certification filed with the I-140
petition and the I-485 priority date is current. | a********c
发帖数: 3657 | | t*******e
发帖数: 1511 | | n***m
发帖数: 1627 | 4 你也可以这么理解，烙印为什么要关心老中的死活，说谎对他们有什么好处？
【在 a********c 的大作中提到】
: murthy......三哥能对老中说实话？
| m**x
发帖数: 8454 | 5 不同律师理解不同很正常，关键看各种理解占多少百分比 | a********c
发帖数: 3657 | 6
人家见不得老中可以eb2->eb3阿，这么简单的逻辑。。。
【在 n***m 的大作中提到】
: 你也可以这么理解，烙印为什么要关心老中的死活，说谎对他们有什么好处？
| s********r
发帖数: 2308 | | f**u
发帖数: 2769 | 8 这个帖子应该是本版上的人发的，先前还讨论过。如果他还在这里的话，建议 log on
回去把 AILA 那个 practice pointer 的 link 贴上去，问问提供这个回答的律师有什
么想法。 |
|
