485 (GC), Ead , AP, Spillover issues

[praying]

Just now, phatposts said:

FTE roles lo that is very common. 

New LCA and 140 ki takes 2-2.5y

If your PD is before June 2013 - there is a small chance your date will be current in the next 3 years. If that happens, you will miss on your GC. 

Nee PD July 2013 or later unte - chances are close to zero they will be current anytime soon. Take the career bump and let them do the new labor process. 

mine is march 2013 uncle... thats is exactly what I am worried about. ead meedaki vachi promotion teesukunte ela untadi? will it have any impact??

[psycopk]

1 minute ago, praying said:

@csrcsr na worry entante na priority date mar 2013. if they start the process all over again from labor, it will again take 2 years to get new 140 aprpoved kada. I am worried about the time lines

thats what i am saying.. they will just amend to the existing one... if i am not wrong... you cant have two i140s from the same company... check with immigraiton attorney...

[csrcsr]

10 minutes ago, praying said:

@csrcsr na worry entante na priority date mar 2013. if they start the process all over again from labor, it will again take 2 years to get new 140 aprpoved kada. I am worried about the time lines

If date becomes current the old 140 which is tied to 485 is still going to continue even in case worst case they ask 485j for confirmation of bonfire job offer if your company gives that's all it matter afaiak

 

 

[psycopk]

mee company attorney tho 30mins meeting request chesi... neeku unna questions ani adugu..

why is it needed..

ipudu unnadi em avudi...

kotadi approve aaite date current i140 date apply avuda....

oka vela kotadi deny aaite em avudi...

kotadi kuda approve aaite patadi em avudi... 

etc... etc..

then you can decide... what is company policy... intaku mundu evariki aaina ila chesava... etc..

[praying]

1 minute ago, psycopk said:

mee company attorney tho 30mins meeting request chesi... neeku unna questions ani adugu..

why is it needed..

ipudu unnadi em avudi...

kotadi approve aaite date current i140 date apply avuda....

oka vela kotadi deny aaite em avudi...

kotadi kuda approve aaite patadi em avudi... 

etc... etc..

then you can decide... what is company policy... intaku mundu evariki aaina ila chesava... etc..

Sure uncle, I will do that

[praying]

4 hours ago, csrcsr said:

If date becomes current the old 140 which is tied to 485 is still going to continue even in case worst case they ask 485j for confirmation of bonfire job offer if your company gives that's all it matter afaiak

 

 

Uncle ipude reply ichadu he still thinks we have to go through the entire process vadu asal ead ki marutha ante its a rosk if in case the green card gets denied or if the job at my current comqpny is not available any more 

[phatposts]

5 hours ago, praying said:

mine is march 2013 uncle... thats is exactly what I am worried about. ead meedaki vachi promotion teesukunte ela untadi? will it have any impact??

March 2013 ante tricky tricky Question. 

I would say dont restart labor process. Get on EAD and take promotion. Adi bhayam ante - skip the promotion. 

Talk to an immigration attorney outside of your work place before calling the shots.

[akkum_bakkum]

5 hours ago, praying said:

uncles..... he is my situation

working as a lead now and manager offered manager role. compnay attorney ki mail pedithe he is saying we have to amend the current H1B and also re sponsor a new labor cerification and 140 anta.... moving to manger is a huge change for current 140 antunnadu. this seems like a lenthy process to go through at this point. what do you guys recommend to do. I have ead also but currently under processing for renewal.

As a manager your responsibilities completely change from your current role. So in almost all the cases you need a new 140 and amended h1b petition. your attorney is right. You can be still in Engineering manager role but that has a different pay scale and your employer should be able to support that. Go to flcdatacenter.com and look for the prevailing wage for your title.

[perugu_vada]

5 hours ago, praying said:

uncles..... he is my situation

working as a lead now and manager offered manager role. compnay attorney ki mail pedithe he is saying we have to amend the current H1B and also re sponsor a new labor cerification and 140 anta.... moving to manger is a huge change for current 140 antunnadu. this seems like a lenthy process to go through at this point. what do you guys recommend to do. I have ead also but currently under processing for renewal.

no idea uncle .. attorney knows more than us .. promotion ichina .. due to immigration issues .. roles and responsibilities konchem same unchutharu ani vinna .. that suits well within ur original i140

[csrcsr]

54 minutes ago, praying said:

Uncle ipude reply ichadu he still thinks we have to go through the entire process vadu asal ead ki marutha ante its a rosk if in case the green card gets denied or if the job at my current comqpny is not available any more 

Ok

3 minutes ago, akkum_bakkum said:

As a manager your responsibilities completely change from your current role. So in almost all the cases you need a new 140 and amended h1b petition. your attorney is right. You can be still in Engineering manager role but that has a different pay scale and your employer should be able to support that. Go to flcdatacenter.com and look for the prevailing wage for your title.

No impact tp 485 kada anna?, he already applied with ead ,

[praying]

17 minutes ago, phatposts said:

March 2013 ante tricky tricky Question. 

I would say dont restart labor process. Get on EAD and take promotion. Adi bhayam ante - skip the promotion. 

Talk to an immigration attorney outside of your work place before calling the shots.

Thanks uncle

 

6 minutes ago, akkum_bakkum said:

As a manager your responsibilities completely change from your current role. So in almost all the cases you need a new 140 and amended h1b petition. your attorney is right. You can be still in Engineering manager role but that has a different pay scale and your employer should be able to support that. Go to flcdatacenter.com and look for the prevailing wage for your title.

 

[perugu_vada]

56 minutes ago, praying said:

Uncle ipude reply ichadu he still thinks we have to go through the entire process vadu asal ead ki marutha ante its a rosk if in case the green card gets denied or if the job at my current comqpny is not available any more 

okko sari promotion ichi .. roles and responsibilities like few % match chesina .. u shall be fine ani cheptharu .. check with ur attorney about that and see .. if it can work out that way .. so mi company vallu job post posting chesetapudu accordingly roles and responsibilities undedhi post chestaru ..before u apply

[akkum_bakkum]

57 minutes ago, csrcsr said:

Ok

No impact tp 485 kada anna?, he already applied with ead ,

I waited till gc to change title anna. my attorney explained clearly how different it is with Engineer at level 3 or 4 to a manager in the title. The fundamental definition with responsibilities completely change. It is very risky to keep the same title even with showing it as a career progression. Elagu 485 file chesi 2 yrs daatipoyindemo kada, so medicals and 485j supplement will be requested again once the dates are current. Appudu Manager title tho J sup submit chesthe kashtam avvochu. more than 50% match vundali, from 140 original title to current title.

Also, lengthy process aithe emaithadi. Missed the boat anukodaniki...Its not like the dates would retrogress or 485 be approved immediately once thy are current. Aa time ki okasari date current aithe, thy are more likely to stay that way and progress, not retrogress. Etu chusina proceed avvadame better la vundi. But yes, take 2nd or 3rd opinion to clarify.

As a disclaimer, pls dont treat this a legal opinion, I'm not a lawyer 

@praying

[csrcsr]

10 minutes ago, akkum_bakkum said:

I waited till gc to change title anna. my attorney explained clearly how different it is with Engineer at level 3 or 4 to a manager in the title. The fundamental definition with responsibilities completely change. It is very risky to keep the same title even with showing it as a career progression. Elagu 485 file chesi 2 yrs daatipoyindemo kada, so medicals and 485j supplement will be requested again once the dates are current. Appudu Manager title tho J sup submit chesthe kashtam avvochu. more than 50% match vundali, from 140 original title to current title.

Also, lengthy process aithe emaithadi. Missed the boat anukodaniki...Its not like the dates would retrogress or 485 be approved immediately once thy are current. Aa time ki okasari date current aithe, thy are more likely to stay that way and progress, not retrogress. Etu chusina proceed avvadame better la vundi. But yes, take 2nd or 3rd opinion to clarify.

As a disclaimer, pls dont treat this a legal opinion, I'm not a lawyer 

@praying

Hmm ma'am anrlo chala mandiki vachindi I am confused some had interviews too natural progression as 485 is future job I guess it should be fine as long as job offer is valid mari chudali who will stay in same role for decade kada emo le attorney might be best