i140 & ETA750B, help please

L

letufly1028

Registered Users (C)
Would you please help me with following questions
about i140 & ETA750B form?

Thanks a lot.

1)ETA750B

1.1)Item 9: Occupation in which allien is seeking
work?
I am now working as postdoctoral research fellow in
the field of molecular genetics. How should I fill?
In the instruction, it is said that entry like
"scientific researcher" is not acceptable.
The possible options are
*In my IAP-66 form for J-1 visa it is said as
"Research Scholar", or

*In my contract with current employer is written as
"Research fellow", or

* Based on US department of Labor, Bureau of Labor
Statistics, the closet one is 19-1029, "Biological
scientist"

I think "Biological Scientist" is probably the most
suitable choice. Am I correct?

1.2) Item 10.b: Allien is in the United States and
will apply for adjustment of status to that of a
lawful permanent resident in the office of the
Immigration and Naturalization Service at ? City
What confuses me is that which city should I fill, the
options are:

* The city I am living and will be living is "Duarte".
 
* The city I will send I140 to the California Service
Center is "Laguna Niguel"

* any other city?

2) i140 form
2.1) Part 1. IRS Tax#
Since I hold J-1 visa, I waived the federal tax, but I
paid CA state tax. Do I have to find this #? If yes,
how can I find it? In the tax return letter?

2.2) Part 3. Visa expiration date.
2.2.1)A#
I don\'t have, so write as "none"?

2.2.2)I-94#
is the 11 digital number in I-94 card?

2.2.3)visa expiration date
The visa expiration date in my I-94 form is written as
"D/S", means till I finish my research project.
But my IAP-66 form and contract with my emplyer the
date is 1/23/2002.
I prefer "D/S", will that be ok?

2.3) Part 6.

2.3.1) Wages per week$
In my contract, there is annual wage, I receive
payment every 2 weeks, but little bit different from
time to time, so do I need to fill this? if yes, how?

2.3.2)Is it a "permanent" position?
How should I choose?
Since my contract was renewed annually, and current
one will end on 1/23/2003. I cann\'t choose "yes",
would it cause any negative effect on my i140
petition?

2.3.3)Is it a new position?
What does it mean "new" or "old"? I have been working
in current position for 2 years, so I should choose
"no", right?

letufly1028@yahoo.com
 
i140 & ETA750B, help please

Would you please help me with following questions
about i140 & ETA750B form?

Thanks a lot.

1)ETA750B

1.1)Item 9: Occupation in which allien is seeking
work?
I am now working as postdoctoral research fellow in
the field of molecular genetics. How should I fill?
In the instruction, it is said that entry like
"scientific researcher" is not acceptable.
The possible options are
*In my IAP-66 form for J-1 visa it is said as
"Research Scholar", or

*In my contract with current employer is written as
"Research fellow", or

* Based on US department of Labor, Bureau of Labor
Statistics, the closet one is 19-1029, "Biological
scientist"

I think "Biological Scientist" is probably the most
suitable choice. Am I correct?

1.2) Item 10.b: Allien is in the United States and
will apply for adjustment of status to that of a
lawful permanent resident in the office of the
Immigration and Naturalization Service at ? City
What confuses me is that which city should I fill, the
options are:

* The city I am living and will be living is "Duarte".
 
* The city I will send I140 to the California Service
Center is "Laguna Niguel"

* any other city?

2) i140 form
2.1) Part 1. IRS Tax#
Since I hold J-1 visa, I waived the federal tax, but I
paid CA state tax. Do I have to find this #? If yes,
how can I find it? In the tax return letter?

2.2) Part 3. Visa expiration date.
2.2.1)A#
I don\'t have, so write as "none"?

2.2.2)I-94#
is the 11 digital number in I-94 card?

2.2.3)visa expiration date
The visa expiration date in my I-94 form is written as
"D/S", means till I finish my research project.
But my IAP-66 form and contract with my emplyer the
date is 1/23/2002.
I prefer "D/S", will that be ok?

2.3) Part 6.

2.3.1) Wages per week$
In my contract, there is annual wage, I receive
payment every 2 weeks, but little bit different from
time to time, so do I need to fill this? if yes, how?

2.3.2)Is it a "permanent" position?
How should I choose?
Since my contract was renewed annually, and current
one will end on 1/23/2003. I cann\'t choose "yes",
would it cause any negative effect on my i140
petition?

2.3.3)Is it a new position?
What does it mean "new" or "old"? I have been working
in current position for 2 years, so I should choose
"no", right?

letufly1028@yahoo.com
 
Here is answer for some questions.

Would you please help me with following questions
about i140 & ETA750B form?

Thanks a lot.

1)ETA750B

1.1)Item 9: Occupation in which allien is seeking
work?
I am now working as postdoctoral research fellow in
the field of molecular genetics. How should I fill?
In the instruction, it is said that entry like
"scientific researcher" is not acceptable.
The possible options are

In my IAP-66 form for J-1 visa it is said as "Research Scholar", or

In my contract with current employer is written as "Research fellow", or

Based on US department of Labor, Bureau of Labor Statistics, the closet one is 19-1029, "Biological
scientist"
I think "Biological Scientist" is probably the most
suitable choice. Am I correct?

**********************
Occupation is different from job title. The later is more specific.
You can fill in RESEARCHER or SCIENTIST.
***********************

1.2) Item 10.b: Allien is in the United States and
will apply for adjustment of status to that of a
lawful permanent resident in the office of the
Immigration and Naturalization Service at ? City
What confuses me is that which city should I fill, the
options are:

The city I am living and will be living is "Duarte".

The city I will send I140 to the California Service Center is "Laguna Niguel"

any other city?

*********************
Fill in the city that has INS field office serving your region. It doesnot matter now--Under the new rule, you will apply for AOS at service center, not local office.
********************

2) i140 form
2.1) Part 1. IRS Tax#
Since I hold J-1 visa, I waived the federal tax, but I
paid CA state tax. Do I have to find this #? If yes,
how can I find it? In the tax return letter?

***************
Your SSN#
***************

2.2) Part 3. Visa expiration date.
2.2.1)A#
I don\'t have, so write as "none"?

**************
Yes
**************

2.2.2)I-94#
is the 11 digital number in I-94 card?

**************
Yes
***************

2.2.3)visa expiration date
The visa expiration date in my I-94 form is written as
"D/S", means till I finish my research project.
But my IAP-66 form and contract with my emplyer the
date is 1/23/2002.
I prefer "D/S", will that be ok?

************
Visa is something issued by US Consulate (belonging to State department). It grants you the right to ENTER USA. J&F visas are valid for 6 months (from the date of issuing) for people from a lot of countries.
At port of entry (POE), INS grants you a legal STUTAS. This determines how long you can STAY in the country and is written on the I-94. In your situation, your legal STATUS expires once you end your current relationship with your employer. However, this is not "VISA EXPIRATION DATE".
You can find this on the visa stamp. Most likely it has expired, which means that you need a new visa for reentry if you leave USA.
*****************
2.3) Part 6.

2.3.1) Wages per week$
In my contract, there is annual wage, I receive
payment every 2 weeks, but little bit different from
time to time, so do I need to fill this? if yes, how?

***************
They donot check your income for now. Just fill in what you are paid at the time of signing I-140.
***************

2.3.2)Is it a "permanent" position?
How should I choose?
Since my contract was renewed annually, and current
one will end on 1/23/2003. I cann\'t choose "yes",
would it cause any negative effect on my i140
petition?

*******************
Always be honest. For EA & NIW cases, permanent job is not required.
*******************

2.3.3)Is it a new position?
What does it mean "new" or "old"? I have been working
in current position for 2 years, so I should choose
"no", right?

*******************
Old
*******************

letufly1028@yahoo.com
 
Really need ETA750?

Where it is said one has to file ETA750 for EB-EA, NIW (or, in fact, EB-OR)? Form I-140 instructions state that this is needed only for a
position requiring labor certification. For EB-EA/OR or NIW, there
is no labor certification. Instructions read "submit I-140 with the
initial evidence ... (depending on whether the EA, OR, or NIW)"
 
Could you kindly clarify

Could you kindly clarify where this requirement is stated.
My reading of form I-140 instructions is that, whenever the
LC(ETA 750) is required (as in normal EB-2, EB-3), this is
EXPLICITLY said. In EB1-EA cases, filling ETA750 appears to
make no sense - an alien may not have a US job (or job offer),
and may not even be in the US at all.
 
http://www.ins.gov/graphics/howdoi/eligibility2.htm

The following is from INS official website. It talks about NIW cases.

I could have been wrong with EB-1 cases. Anyhow, filing ETA-750B takes only 5 minutes. No job in USA is required for EB1EA/EB2NIW--just fill the form with what you have been doing and what you intend to do in US. EB means employment based immigration. INS is always concerned with your intend and ability to serve the country.

Good luck.

INS Form I-140 Petition for Alien Worker is required. Your employer must file an INS Form I-140 (Petition for Alien Worker) at the INS Regional Service Center that serves the area where you will work.

EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor\'s Employment and Training Administration for more information.

If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor\'s Employment and Training Administration for more information.
 
thanks a lot! kentucky & Alex, two copies of ETA750 B are needed

I think the purpose of ETA750B is to apply to waive the LC. And I got this information from various official and nonofficial sources.
 
Agree for NIW

Yes, I agree from the reading of statute that an uncertified ETA750B should accompany an EB-2 NIW filing. But not an EB-1.
 
You must log in or register to reply here.
Top