kumar1
08-21 05:46 PM
When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
Hi All,
I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.
i have just once concern (well more of clarification than a concern):
- if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
- if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?
i may have few terminologies wrong so apologize for that.
will appreciate a response.
Thanks
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
Hi All,
I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.
i have just once concern (well more of clarification than a concern):
- if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
- if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?
i may have few terminologies wrong so apologize for that.
will appreciate a response.
Thanks
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abracadabra102
01-27 10:48 AM
Better still, send your prospective employer link to this thread and ask him if he is willing to sign an "at will" employment contract:D
chanduv23
03-11 02:44 PM
Read this http://timesofindia.indiatimes.com/Business/New-H1-B-visa-norms-to-isolate-India/articleshow/4251475.cms
It is not so easy to convince Sen Grassley.
It is not so easy to convince Sen Grassley.
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pappu
02-20 03:09 PM
This is a FAQ on name check delays by USCIS and how USCIS will be approving the cases that are still pending.
http://www.uscis.gov/files/pressrelease/name_check_faq-20feb08.pdf
http://www.uscis.gov/files/pressrelease/name_check_faq-20feb08.pdf
more...
sparky_jones
10-02 12:01 PM
Hey Sparky_Jones,
You are the first guy whose case was transferred to CSC and you got the FP notices. Can you shed more light as many pople, like me, are stuck with no FP notices and we all had Receipts/EAD/AP from CSC...And now the files are back to either NSC or TSC...
Thanks!
Sure, what additional information are you looking for?
You are the first guy whose case was transferred to CSC and you got the FP notices. Can you shed more light as many pople, like me, are stuck with no FP notices and we all had Receipts/EAD/AP from CSC...And now the files are back to either NSC or TSC...
Thanks!
Sure, what additional information are you looking for?
purgan
12-13 05:04 PM
As a precursor to abolishing labor substitution next year, USCIS is increasing its scrutiny of substituted labor. Also there is rampant fraud in labor substituions.
I was reading somewhere that USCIS rejection rate of labor sub is 85% higher than in orginal labor. That is a significant percentage, if you ask me. Make your own decision but be very wary of promises.
I was reading somewhere that USCIS rejection rate of labor sub is 85% higher than in orginal labor. That is a significant percentage, if you ask me. Make your own decision but be very wary of promises.
more...
rameshvaid
05-31 11:59 AM
I'm not sure how voting on this site is going to improve the chances of this bill. It is simply an application site 2 companies have created. It does not do us any good by voting on such site. It is like voting on petitiononline site annonymously. Pls help me understand the benefits if I am incorrect in understanding this site.
Pappu
As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.
I am from Ohio and tried several times to join State Chapter. I did get PM from a member last week who asked me to get him my personal info, which I did but no rsponse from him..
Can you suggest a link how can I join SC?
Best..
RV
Pappu
As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.
I am from Ohio and tried several times to join State Chapter. I did get PM from a member last week who asked me to get him my personal info, which I did but no rsponse from him..
Can you suggest a link how can I join SC?
Best..
RV
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neverbefore
07-14 11:38 AM
Your spouse applied for H4/H1? Which one?
Applied for H1B. We already have the H1B approval notices. We also have EAD/AP. Still we got dragged into this.
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
Applied for H1B. We already have the H1B approval notices. We also have EAD/AP. Still we got dragged into this.
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
more...
mmj
04-19 03:51 PM
Good job mmj.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
We've already donated to IV in the past.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
We've already donated to IV in the past.
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senocular
02-05 04:43 PM
ooooo, aaaah, oooooh .... wtf. They're all GREAT and I save EGs for last because it was the highest rated (yeah LOTS on that one too) and its not there! pfffft. lol
:searches franticly:
:searches franticly:
more...
immi_enthu
08-22 10:27 AM
Murthy or Oh or Carl Shusterman or Greg Siskind will have the contents in their website soon.
murthy , yeah right. they will have it next month. "oh" will have it soon....
murthy , yeah right. they will have it next month. "oh" will have it soon....
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laborday
07-17 10:35 AM
The processing time is still as of June 18th... There is no july yet
Close all of your browser and start a new one. This may work.
Close all of your browser and start a new one. This may work.
more...
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wahwah
06-05 12:03 PM
HQPRD 70/6.2.8-P
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
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priderock
06-27 04:50 PM
By the way I took lots of photos in 2004 from Sears for Marriage proposals. Yeah I got marry last year because I sent Good quality photo to my in-law family. You see you get what you pay for..
Thanks
I am sure SEARS pictures are great.
Hope your in-laws are not disappointed when they saw you in person :) :).... No ... I am just kidding .......No offense meant :):).... I am sure they like you and that is why you are married happily now :) Just wanted to bring a lighter moment tho this stingy thread.
Thanks
I am sure SEARS pictures are great.
Hope your in-laws are not disappointed when they saw you in person :) :).... No ... I am just kidding .......No offense meant :):).... I am sure they like you and that is why you are married happily now :) Just wanted to bring a lighter moment tho this stingy thread.
more...
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Dhundhun
07-19 05:59 PM
"Follow to join" provides derivatives opportunity to join beneficiary within 6 months (spouse and kids).
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rockstart
03-17 09:02 AM
What is supplimentry exam? Is it that you did some extra courses after finishing your requisite courses for Bachelors? or are you refering to clearing your backlog subjects ( subjects from previous semesters that you had not cleared?). Where did you get your degree India or US?
more...
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485Mbe4001
06-02 07:00 PM
I think his post was based on the summary on the site.
"OpenCongress Summary:
This legislation would reform the family-based immigration system and speed up the process for family members of legal immigrants to secure visas. Specifically, it would reclassify spouses and children of legal immigrants as immediate relatives, raise the per-country family-sponsored immigration limits from 7 percent to 10 percent of total admissions, recapture visas that went unused in previous years due to bureaucratic errors, allow widows and spouses to remain eligible for visas after the death of a sponsoring family member, and more."
Where did you read the new text ?
"OpenCongress Summary:
This legislation would reform the family-based immigration system and speed up the process for family members of legal immigrants to secure visas. Specifically, it would reclassify spouses and children of legal immigrants as immediate relatives, raise the per-country family-sponsored immigration limits from 7 percent to 10 percent of total admissions, recapture visas that went unused in previous years due to bureaucratic errors, allow widows and spouses to remain eligible for visas after the death of a sponsoring family member, and more."
Where did you read the new text ?
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pappu
05-31 11:41 AM
I'm not sure how voting on this site is going to improve the chances of this bill. It is simply an application site 2 companies have created. It does not do us any good by voting on such site. It is like voting on petitiononline site annonymously. Pls help me understand the benefits if I am incorrect in understanding this site.
As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.
As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.
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RDB
01-04 12:41 AM
I don't think PMP is useful in promotions......it may be helpful in getting a new job though.....but then you are limited in your career..........PMP doesn't help you moving upwards.....!
My 2 cents!
Does PMP offer any advantages in terms of promotions or getting a new job? Please share your experience.
My 2 cents!
Does PMP offer any advantages in terms of promotions or getting a new job? Please share your experience.
Sakthisagar
10-28 08:38 AM
"This time you have a great opportunity to consolidate and by working in India, by becoming a good quality professional you will sustain the advantage we have created and will make growth in India a permanent rather than a temporary feature."
Guys, wakeup! He isn't telling anything wrong - just a different opinion, very valid for a great percentage of Indians - not everyone can/is going to land in US and wait eternally for GC? and nothing wrong in what he is saying - to go for a better long term India than a spurt of growth. Why ridicule the other guy for giving a genuine advice to youngsters - how many of us haven't almost given up on our careers just for the same of EB GC? Are we just afraid of losing out to our brothers in India in future, rather than them joining our batch in the eternal wait? If we want to make US our home, at least we should start respecting another person's right to his opinion, even if we disagree. Why would it be called a gimmick?! There is no other way - if its not India, it will be China, Philippines etc. Look at the way the general product industry went? The same will happen unless there are restrictive trade policy - which, not only would be against the "US" principals of free trade, but would also automatically be harmful for the US economy.
I personally don't see anything wrong in the article. He puts forth the right things that can be done to improve the life of Indian generations - now and for future. And if that happens, there would be a benefit for us in particular, and US economy and US jobs in general.
hahahaha.. good one.. what a support to Infy... height of slavery. I accept your veiw point as INFY's and YOURS view point. good keep it up.
Guys, wakeup! He isn't telling anything wrong - just a different opinion, very valid for a great percentage of Indians - not everyone can/is going to land in US and wait eternally for GC? and nothing wrong in what he is saying - to go for a better long term India than a spurt of growth. Why ridicule the other guy for giving a genuine advice to youngsters - how many of us haven't almost given up on our careers just for the same of EB GC? Are we just afraid of losing out to our brothers in India in future, rather than them joining our batch in the eternal wait? If we want to make US our home, at least we should start respecting another person's right to his opinion, even if we disagree. Why would it be called a gimmick?! There is no other way - if its not India, it will be China, Philippines etc. Look at the way the general product industry went? The same will happen unless there are restrictive trade policy - which, not only would be against the "US" principals of free trade, but would also automatically be harmful for the US economy.
I personally don't see anything wrong in the article. He puts forth the right things that can be done to improve the life of Indian generations - now and for future. And if that happens, there would be a benefit for us in particular, and US economy and US jobs in general.
hahahaha.. good one.. what a support to Infy... height of slavery. I accept your veiw point as INFY's and YOURS view point. good keep it up.
guchi472000
05-31 03:58 AM
Yes... 368:)
Keep voting guys........ Lets see it will help or not......
Keep voting guys........ Lets see it will help or not......