hebron
06-14 03:09 PM
Refer this:
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."
Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."
Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
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snathan
03-31 01:16 PM
Not all L1 is bad
Not all H1B is bad
Not all consulting companies are bad
So why are we behaving like crabs?
Think from a perspecive of a legit L1 visa holder too
To anti Immigrants even your greencard is bad.
He will be happy if your greencard is made painful
Will you rejoice then?
What Sen is doing is looking at everything in black and white. He is making all L1 as bad. He shoud be suggesting fixes in L1 like giving more power to L1s to complain and protecting them if they complain. he should be making punishment tougher for fraud. But he is targetting the whole via and you are feeling happy about it. Just because you are not an L1 visa holder some of us are happy. Tommow if he does it to all EAD holders will you be happy?
Forget this Crab story...it’s a crap story written by one idiot followed by other idiots only when its adding value for their argument.
If not all, most of the L1 are abusive. I know a company paying 30K for L1. They no longer take H1B and lay off H1 people whoever was already working with them.
But how are they are going scot-free...all the expenses are billed to the client but shown as benefit to the employee.
So the client is losing , the employee is losing.
But I am not supporting this whatever is reported.
When they came for the communists,
I remained silent;
I was not a communist.
When they locked up the social democrats,
I remained silent;
I was not a social democrat.
When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.
When they came for the Jews,
I remained silent;
I wasn't a Jew.
When they came for me,
there was no one left to speak out.
Not all H1B is bad
Not all consulting companies are bad
So why are we behaving like crabs?
Think from a perspecive of a legit L1 visa holder too
To anti Immigrants even your greencard is bad.
He will be happy if your greencard is made painful
Will you rejoice then?
What Sen is doing is looking at everything in black and white. He is making all L1 as bad. He shoud be suggesting fixes in L1 like giving more power to L1s to complain and protecting them if they complain. he should be making punishment tougher for fraud. But he is targetting the whole via and you are feeling happy about it. Just because you are not an L1 visa holder some of us are happy. Tommow if he does it to all EAD holders will you be happy?
Forget this Crab story...it’s a crap story written by one idiot followed by other idiots only when its adding value for their argument.
If not all, most of the L1 are abusive. I know a company paying 30K for L1. They no longer take H1B and lay off H1 people whoever was already working with them.
But how are they are going scot-free...all the expenses are billed to the client but shown as benefit to the employee.
So the client is losing , the employee is losing.
But I am not supporting this whatever is reported.
When they came for the communists,
I remained silent;
I was not a communist.
When they locked up the social democrats,
I remained silent;
I was not a social democrat.
When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.
When they came for the Jews,
I remained silent;
I wasn't a Jew.
When they came for me,
there was no one left to speak out.
funny
01-29 06:30 PM
Sam thing happened with my wife, USCIS denied her I131 saying they have already approved the 485 so no need for I131. My lawyer thinks that this was a mistake from USCIS and we applied for her I131 again.
Hope this helps.
I'm from Bangladesh and my PD is May 2006....EB3
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��
Some help here will be highly appreciated��.thanks in advance
Hope this helps.
I'm from Bangladesh and my PD is May 2006....EB3
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��
Some help here will be highly appreciated��.thanks in advance
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Lisap
08-03 12:11 PM
Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....
more...
tabletpc
07-30 09:13 AM
Sad to know about u r situation and hope u will get out of it soon.
Remember when a emplyee losses job ts the responsibility of the emplyoer to report to USCICS to cancel the H1B for that employee. Just wondering if u r employer has/not reported to USCICS. Talk to them and try to get some time until u can transfer u r h1b....!!!!
As of porting....yes you can port PD once u r i-140 is approved. Is u r I-140 approved..??if its pending..u could be at risk if u get RFE and u r employer don't respond on time. Then you can't have n approved i-140 so will not be able to port PD. However if u have approved i-140 then , all u need to do in new job is get PERM done and use the earlier PD.
You can port PD from Eb3 to any employment category.
Did i answer u r queries...???
Good luck
Remember when a emplyee losses job ts the responsibility of the emplyoer to report to USCICS to cancel the H1B for that employee. Just wondering if u r employer has/not reported to USCICS. Talk to them and try to get some time until u can transfer u r h1b....!!!!
As of porting....yes you can port PD once u r i-140 is approved. Is u r I-140 approved..??if its pending..u could be at risk if u get RFE and u r employer don't respond on time. Then you can't have n approved i-140 so will not be able to port PD. However if u have approved i-140 then , all u need to do in new job is get PERM done and use the earlier PD.
You can port PD from Eb3 to any employment category.
Did i answer u r queries...???
Good luck
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ds37
07-16 10:21 AM
Hi
My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
Does her AP has to be applied before end of this I94.
Thanks
DS
My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
Does her AP has to be applied before end of this I94.
Thanks
DS
more...
nlssubbu
12-17 04:00 PM
I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry
The labor was filed as software engineer whose description says that this was java focussed intense programming position.
I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.
I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)
what do you think?
The other option is start a fresh labor with PERM and followed by another I-140. You can then port your existing I-485 with the new offer and continue your GC process where you left. You may need to check with your future employer that they are willing to do this for you. If not, then it will be a risk.
Thanks
The labor was filed as software engineer whose description says that this was java focussed intense programming position.
I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.
I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)
what do you think?
The other option is start a fresh labor with PERM and followed by another I-140. You can then port your existing I-485 with the new offer and continue your GC process where you left. You may need to check with your future employer that they are willing to do this for you. If not, then it will be a risk.
Thanks
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navyug
06-24 07:27 PM
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
As long as she is not drawing a Salary, she is fine. She can continue to manage the business.
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
As long as she is not drawing a Salary, she is fine. She can continue to manage the business.
more...
GCBy3000
12-28 12:56 PM
My friend who filed his 485 in June, got his GC two months back. His PD was 2001. How did he get his GC within 3 months of filing 485 when the 485 processing time not even showed June 07 till now?
These dates are for mere reporting purposes. I think even if they have one application with 1999 date, they might show 1999 as processing date. With my experience with these dates and USCIS, I cannot figure out the rationale behind these reports from USCIS. Someone might be sitting there in USCIS with 20-30 randomn dates and play inky... pinky...ponky... father ...has a.. donkey... bla bla bla and then pick a date for this report. All BS.
These dates are for mere reporting purposes. I think even if they have one application with 1999 date, they might show 1999 as processing date. With my experience with these dates and USCIS, I cannot figure out the rationale behind these reports from USCIS. Someone might be sitting there in USCIS with 20-30 randomn dates and play inky... pinky...ponky... father ...has a.. donkey... bla bla bla and then pick a date for this report. All BS.
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ashwinicool67
04-28 02:55 PM
Anyone??
more...
immi2006
05-24 10:30 AM
Recently in a IIT meet and IISC meet we came across a huge number of folks in EB2 on GC wait., I was told their numbers exceed 1000 plus through the internal IIT network.. so if they consume X number just in Bay area, what about rest of US. Live happily while you are here, enjoy the weather and do not pin hopes on US. Think that you were fortunate to come here in prime of youth and learnt a thing or two..
Honestly how many points we score really does not matter if the visa country cap is too low. Most of us, coming from India, China etc. score almost the same points and getting TOEFL is a piece of cake if you need to improve your points.
It's pointless to break our heads calculating these points, everything is in limbo right now and the only best advise for new GC aspirants especially those coming from retrogressed countries is locking the priority date by applying LC under the old system.
Honestly how many points we score really does not matter if the visa country cap is too low. Most of us, coming from India, China etc. score almost the same points and getting TOEFL is a piece of cake if you need to improve your points.
It's pointless to break our heads calculating these points, everything is in limbo right now and the only best advise for new GC aspirants especially those coming from retrogressed countries is locking the priority date by applying LC under the old system.
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pappu
04-10 02:21 PM
Active members are requested to urge others to update their profile details for the tracker. If you find someone's profile has fake details, please give them a red dot.
Admins go through users with most red dots occasionally
Admins go through users with most red dots occasionally
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amitkhare77
08-10 12:06 PM
I am EB3 Dec 2006. I have changed JOB on EAD, I did file AC21 through my new employer. my new employer has already started the EB2 processing.
I would recommend you the following -
make sure you have all the information i.e. previous Job Description which was used for labor filing or the job code on your labor certification.
You have a copy of I-140 approval
your current salary offer is good to qualify EB2 prevailing wages (does not matter a lot but good to consider)
you get an experience certificate describing technologies, skills you will use for future labor filing advertisement.
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
I would recommend you the following -
make sure you have all the information i.e. previous Job Description which was used for labor filing or the job code on your labor certification.
You have a copy of I-140 approval
your current salary offer is good to qualify EB2 prevailing wages (does not matter a lot but good to consider)
you get an experience certificate describing technologies, skills you will use for future labor filing advertisement.
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
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GCVictim
03-12 11:22 AM
My 140 approval updated after 1 yr....
more...
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savitri.bhave
07-05 08:52 PM
This is a very basic question and I need answer on this as early as possible and guidance from you.
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
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tinku01
07-16 04:22 PM
Bluez,
How are you planning to get PCC from consulate. I live in colorado and going to SFO would be very expensive as well as time consuming. Do you know how much time consulate would take through mail? I am skeptical whether they would send my passport back by Aug 15 or not as I am planing to leave on Aug 15.
How are you planning to get PCC from consulate. I live in colorado and going to SFO would be very expensive as well as time consuming. Do you know how much time consulate would take through mail? I am skeptical whether they would send my passport back by Aug 15 or not as I am planing to leave on Aug 15.
more...
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gc2005
11-17 01:48 PM
That brings up a good point, why do you think all the PDs are moving except India?
Is there really that many applicants from India than China
Is there really that many applicants from India than China
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abhijitp
06-21 11:26 AM
for your quick responses!
I am not SURE that my 140 will be rejected, but historically the attorney/paralegal has made mistakes in almost every stage-- which is why I would not want to take chances.
The best option right now seems to be to premium process the I-140, and see what happens to it before applying for the 485. There can be issues doing this for ME, bcos of the thing I said here:
http://immigrationvoice.org/forum/showthread.php?t=5199
Doea anyone have any advice on the situation I tried to explain in the above thread?
As a general rule, I am beginning to think that the idea of concurrent filing is a bit misleading. Your 485 can be rejected bcos of your 140 being denied. This is not well understood by people (it was not by me) when the think about concurrent filing.
Thanks!
I am not SURE that my 140 will be rejected, but historically the attorney/paralegal has made mistakes in almost every stage-- which is why I would not want to take chances.
The best option right now seems to be to premium process the I-140, and see what happens to it before applying for the 485. There can be issues doing this for ME, bcos of the thing I said here:
http://immigrationvoice.org/forum/showthread.php?t=5199
Doea anyone have any advice on the situation I tried to explain in the above thread?
As a general rule, I am beginning to think that the idea of concurrent filing is a bit misleading. Your 485 can be rejected bcos of your 140 being denied. This is not well understood by people (it was not by me) when the think about concurrent filing.
Thanks!
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chanduv23
11-06 07:46 AM
My Mother in law flew with them, and her experience was good.
How old are your folks? Sometimes, this may sound a bit cheesy, but getting wheelchair always helps. What that does is, it guarantees your folks will be at the correct gates, at right times.
I got her a wheelchair, and she had a smooth transition.....
hope that helps...
Thanks for the response, they are 57 and 53 years and healthy, will it make sense to request for a wheelchair? Maybe we can request for one of them :)
How old are your folks? Sometimes, this may sound a bit cheesy, but getting wheelchair always helps. What that does is, it guarantees your folks will be at the correct gates, at right times.
I got her a wheelchair, and she had a smooth transition.....
hope that helps...
Thanks for the response, they are 57 and 53 years and healthy, will it make sense to request for a wheelchair? Maybe we can request for one of them :)
53885
08-06 04:07 PM
In last 2 months we collectively raised our voice on 3 occasions
1. CIR 07 debate in senate (Can you believe that for last 3 months of the fiscal year DOS moved EB3 India from Jun 03 to current?)
2. Flower campaign
3. San Jose rally
and we were rewarded.
If you want to do something for yourself
1. Show up in DC for Sept 13 Rally - http://immigrationvoice.org/forum/showthread.php?t=11428
2. Come out of shadow and tell Congress your story - http://immigrationvoice.org/forum/showthread.php?t=10747
The choices you make shall define your future.
p.s. Please please please stop obsession with receipt notice and visa bulletin prediction.
1. CIR 07 debate in senate (Can you believe that for last 3 months of the fiscal year DOS moved EB3 India from Jun 03 to current?)
2. Flower campaign
3. San Jose rally
and we were rewarded.
If you want to do something for yourself
1. Show up in DC for Sept 13 Rally - http://immigrationvoice.org/forum/showthread.php?t=11428
2. Come out of shadow and tell Congress your story - http://immigrationvoice.org/forum/showthread.php?t=10747
The choices you make shall define your future.
p.s. Please please please stop obsession with receipt notice and visa bulletin prediction.
fromnaija
12-09 04:09 PM
According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate.
I will not argue with what your lawyer tells you.
However, because Form I-131 is used for multiple purposes, some of the instructions are applicable to one condition and not to the other. So read the instruction again and you will see that some of the references to sending the document to overseas consulate refers to when it's used as a Reentry Permit, Refuge Travel Document, or as Advanced Parole for humanitarian reasons. For someone who applied for AOS, sorry no such luck.
I will not argue with what your lawyer tells you.
However, because Form I-131 is used for multiple purposes, some of the instructions are applicable to one condition and not to the other. So read the instruction again and you will see that some of the references to sending the document to overseas consulate refers to when it's used as a Reentry Permit, Refuge Travel Document, or as Advanced Parole for humanitarian reasons. For someone who applied for AOS, sorry no such luck.
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