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Reddy Anna firing on USCEEIS. Applications are rejected for downngrade with neww I140.


salim

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 USCEEIS manchiga plan chesindhi kottabthunam.

Downgrades applications will not be more than 20K.

USCIS will give rfe filing with old employer. paychecks, LCA certified and H1 transfer process lo vunte they can fight for the case . Attorney saying

 

 

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  • salim changed the title to Reddy Anna firing on USCEEIS. Applications are rejected for downngrade with neww I140.

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Email from attorney

Hello All,
We have heard multiple packages being returned by USCIS this week from other attorneys and wanted to give you more idea on the current situation involving EB-2 to EB-3 downgrade along with various risks associated with the I-140 downgrade filings concurrently with I-485 applications.

When a downgrade I-140 petition is filed, the petition can typically be filed as a "new petition" or as an "amended petition". Downgrade refers to the filing of the I-140 petition (under EB-3 category) using the same PERM labor from previously approved EB2 I-140 petition with the same petitioner.

AILA (American Immigration Lawyers Association) in its practice pointer recommends filing of a downgrade petition as a NEW petition and not as an Amended petition, and historically these were generally accepted. However based on the language of the NEUFELD memo (available at https://www.uscis.gov/sites/default/files/document/memos/DOLPermRule060107.pdf and also attached to this email) and also I-140 instructions, there is a chance that the filing can be rejected as this memo states that all I-140's must be accompanied by original approved labor certification unless the petition is being filed as an amended petition (or a request is made for duplicate labor certification when permitted in some circumstances). Lately we have heard of downgrade petitions being rejected this month by the mailroom at the intake if an I-140 petition is filed as a "NEW" petition (and not an AMENDED I-140). Further there is always a possibility that even if the petition is accepted at the intake, USCIS could potentially raise an issue in the future in an RFE or a NOID if the petition is not filed as an AMENDED petition.


Below are the options:

1. File the I-140 petition as AMENDED to ensure that petition will NOT be rejected. However, the main drawback/risk in this approach is that the old EB2 filing category will be lost. Once the EB-3 I-140 is approved it will replace the previous EB-2 approval and in future another EB-2 I-140 filing would be needed to restore an EB-2 approval if EB2 dates are more favorable.
OR
2. File the I-140 petition as NEW. This would mean that there is a potential that the filing (both I-140 and I-485) could be rejected. This approach is sometimes preferred because the old EB2 approval is not invalidated once EB3 I-140 is approved and beneficiary will get to retain both EB2 and EB3 approvals. However, the risk is that there is a potential for rejection when filed as NEW. Specially some of our attorney colleagues have confirmed that they got the rejected packages back this month. Historically these were generally accepted but based on the Neufeld memo language there is a potential for rejection and based on recent trends at USCIS these packages are lately being rejected at mailroom.

We want you to be aware of the risks under both options. Please let us know if you have any questions as we await the new visa bulletin.


Thank You,

Chand Parvathaneni, Attorney
The Law Firm of Sim, Parvathaneni and Brown PLLC
3010 LBJ Freeway, Ste 130
Dallas, TX 75234

www.spblawfirm.com
Direct: 972-375-1000

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3 minutes ago, Bestguy said:

COPY paste form trackitt

 

Email from attorney

Hello All,
We have heard multiple packages being returned by USCIS this week from other attorneys and wanted to give you more idea on the current situation involving EB-2 to EB-3 downgrade along with various risks associated with the I-140 downgrade filings concurrently with I-485 applications.

When a downgrade I-140 petition is filed, the petition can typically be filed as a "new petition" or as an "amended petition". Downgrade refers to the filing of the I-140 petition (under EB-3 category) using the same PERM labor from previously approved EB2 I-140 petition with the same petitioner.

AILA (American Immigration Lawyers Association) in its practice pointer recommends filing of a downgrade petition as a NEW petition and not as an Amended petition, and historically these were generally accepted. However based on the language of the NEUFELD memo (available at https://www.uscis.gov/sites/default/files/document/memos/DOLPermRule060107.pdf and also attached to this email) and also I-140 instructions, there is a chance that the filing can be rejected as this memo states that all I-140's must be accompanied by original approved labor certification unless the petition is being filed as an amended petition (or a request is made for duplicate labor certification when permitted in some circumstances). Lately we have heard of downgrade petitions being rejected this month by the mailroom at the intake if an I-140 petition is filed as a "NEW" petition (and not an AMENDED I-140). Further there is always a possibility that even if the petition is accepted at the intake, USCIS could potentially raise an issue in the future in an RFE or a NOID if the petition is not filed as an AMENDED petition.


Below are the options:

1. File the I-140 petition as AMENDED to ensure that petition will NOT be rejected. However, the main drawback/risk in this approach is that the old EB2 filing category will be lost. Once the EB-3 I-140 is approved it will replace the previous EB-2 approval and in future another EB-2 I-140 filing would be needed to restore an EB-2 approval if EB2 dates are more favorable.
OR
2. File the I-140 petition as NEW. This would mean that there is a potential that the filing (both I-140 and I-485) could be rejected. This approach is sometimes preferred because the old EB2 approval is not invalidated once EB3 I-140 is approved and beneficiary will get to retain both EB2 and EB3 approvals. However, the risk is that there is a potential for rejection when filed as NEW. Specially some of our attorney colleagues have confirmed that they got the rejected packages back this month. Historically these were generally accepted but based on the Neufeld memo language there is a potential for rejection and based on recent trends at USCIS these packages are lately being rejected at mailroom.

We want you to be aware of the risks under both options. Please let us know if you have any questions as we await the new visa bulletin.


Thank You,

Chand Parvathaneni, Attorney
The Law Firm of Sim, Parvathaneni and Brown PLLC
3010 LBJ Freeway, Ste 130
Dallas, TX 75234

www.spblawfirm.com
Direct: 972-375-1000

Parvatha*****.

Aaha indulo kooda mana domination enatra

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23 minutes ago, zarathustra said:

Parvatha*****.

Aaha indulo kooda mana domination enatra

what exactly is he suppose to do there, take off his last name to satisfy someone?? 

reddy & neumann lo emundi devudi perunda ??

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41 minutes ago, zarathustra said:

Parvatha*****.

Aaha indulo kooda mana domination enatra

Rahul Re*** Parvatha**** endanna idi ikkadiki vachina ide Reds Kams domination.. Inkevvariki chance iyyara..

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54 minutes ago, Bestguy said:

COPY paste form trackitt

 

Email from attorney

Hello All,
We have heard multiple packages being returned by USCIS this week from other attorneys and wanted to give you more idea on the current situation involving EB-2 to EB-3 downgrade along with various risks associated with the I-140 downgrade filings concurrently with I-485 applications.

When a downgrade I-140 petition is filed, the petition can typically be filed as a "new petition" or as an "amended petition". Downgrade refers to the filing of the I-140 petition (under EB-3 category) using the same PERM labor from previously approved EB2 I-140 petition with the same petitioner.

AILA (American Immigration Lawyers Association) in its practice pointer recommends filing of a downgrade petition as a NEW petition and not as an Amended petition, and historically these were generally accepted. However based on the language of the NEUFELD memo (available at https://www.uscis.gov/sites/default/files/document/memos/DOLPermRule060107.pdf and also attached to this email) and also I-140 instructions, there is a chance that the filing can be rejected as this memo states that all I-140's must be accompanied by original approved labor certification unless the petition is being filed as an amended petition (or a request is made for duplicate labor certification when permitted in some circumstances). Lately we have heard of downgrade petitions being rejected this month by the mailroom at the intake if an I-140 petition is filed as a "NEW" petition (and not an AMENDED I-140). Further there is always a possibility that even if the petition is accepted at the intake, USCIS could potentially raise an issue in the future in an RFE or a NOID if the petition is not filed as an AMENDED petition.


Below are the options:

1. File the I-140 petition as AMENDED to ensure that petition will NOT be rejected. However, the main drawback/risk in this approach is that the old EB2 filing category will be lost. Once the EB-3 I-140 is approved it will replace the previous EB-2 approval and in future another EB-2 I-140 filing would be needed to restore an EB-2 approval if EB2 dates are more favorable.
OR
2. File the I-140 petition as NEW. This would mean that there is a potential that the filing (both I-140 and I-485) could be rejected. This approach is sometimes preferred because the old EB2 approval is not invalidated once EB3 I-140 is approved and beneficiary will get to retain both EB2 and EB3 approvals. However, the risk is that there is a potential for rejection when filed as NEW. Specially some of our attorney colleagues have confirmed that they got the rejected packages back this month. Historically these were generally accepted but based on the Neufeld memo language there is a potential for rejection and based on recent trends at USCIS these packages are lately being rejected at mailroom.

We want you to be aware of the risks under both options. Please let us know if you have any questions as we await the new visa bulletin.


Thank You,

Chand Parvathaneni, Attorney
The Law Firm of Sim, Parvathaneni and Brown PLLC
3010 LBJ Freeway, Ste 130
Dallas, TX 75234

www.spblawfirm.com
Direct: 972-375-1000

Baaga viral ayyindi idi

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1 hour ago, zarathustra said:

Parvatha*****.

Aaha indulo kooda mana domination enatra

vadu emanna backdoor vachi pettukunnada us lo

I still dont understand peoples obsession with caste even after coming to US 

 

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53 minutes ago, soodhilodaaram said:

what exactly is he suppose to do there, take off his last name to satisfy someone?? 

reddy & neumann lo emundi devudi perunda ??

Ma langas antey vayya 

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37 minutes ago, JambaKrantu said:

Rahul Re*** Parvatha**** endanna idi ikkadiki vachina ide Reds Kams domination.. Inkevvariki chance iyyara..

Vallu thoppullu ani evaru annaru.

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