immigrant2007
09-13 12:30 PM
EB2 and EB3 at one point were in the same boat. Now that EB2 is advancing and is way ahead of EB3, the EB3 applicants are upset and angry. Their anger is very much justified. However, their anger should not be directed towards EB2 applicants.
As I pointed out in another post, we are all players here and we are all playing by the rules. The system is not fair. Anger should be directed towards the system and not towards EB2s.
"hate the game, don't hate the playa....Chris Rock" is appropriate here.
Most of the EB2s, if not all, are supportive of reform and are supportive towards EB3 friends. The anger may lead to the disruption of this support.
We are all in this together. We all need to stay together.
I agree and plead to everyone (I really beg to everyone of you please do not fight) lets support each other. Someone is going to get GC earlier than others. Lets not feel bad about it. And I request everyone in EB2 and EB1 to support all backlogs victims.
As I pointed out in another post, we are all players here and we are all playing by the rules. The system is not fair. Anger should be directed towards the system and not towards EB2s.
"hate the game, don't hate the playa....Chris Rock" is appropriate here.
Most of the EB2s, if not all, are supportive of reform and are supportive towards EB3 friends. The anger may lead to the disruption of this support.
We are all in this together. We all need to stay together.
I agree and plead to everyone (I really beg to everyone of you please do not fight) lets support each other. Someone is going to get GC earlier than others. Lets not feel bad about it. And I request everyone in EB2 and EB1 to support all backlogs victims.
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daishwarya
07-20 03:03 PM
@Sanjay, sent you a private message. Please check.
blacktongue
01-26 03:30 PM
Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them
US needs EB1 and Ph.Ds
Others not contribute as much
US needs EB1 and Ph.Ds
Others not contribute as much
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sebstence
03-04 11:02 PM
I think the answer is yes.
more...
gc28262
04-08 06:27 AM
Looking at this issue, isnt' it USCIS who is at fault here ?
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
bmoni
12-22 12:59 PM
GC_2007,
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
more...
GCPagla
03-15 02:07 PM
Hi,
I would like to get you expert's opinion, before I pull the final string. My GC had been filed in EB2 with PD on Feb 26 2007. My 140 has been approved on April 2008. My 485 was filed during 2007 fiasco. I work for one of the big 3car company in Detroit as a consultant and situation is changing fast here, compelling me to search shelter somewhere else.
Luckily I got an offer from a new employer which is enticing me two pull the trick of Ac21. But before I do so, I would like to get your kind advise on the following points.
a) My Job title is programmer Analyst with my current employer but in the offer letter of the future employer is is given as "Sr. java developer". Does this title change matters? The new employer has agreed to give me the Ac21 letter with same job duty description.
b) The salary increase in the job is almost 50%. Do you think this causes any red flag.
c) The company size of the new employer is much small than the current employer. Is this OK.
I am really depending on you people's expertise. Any help will really make me confident about this change.
Regards
I would like to get you expert's opinion, before I pull the final string. My GC had been filed in EB2 with PD on Feb 26 2007. My 140 has been approved on April 2008. My 485 was filed during 2007 fiasco. I work for one of the big 3car company in Detroit as a consultant and situation is changing fast here, compelling me to search shelter somewhere else.
Luckily I got an offer from a new employer which is enticing me two pull the trick of Ac21. But before I do so, I would like to get your kind advise on the following points.
a) My Job title is programmer Analyst with my current employer but in the offer letter of the future employer is is given as "Sr. java developer". Does this title change matters? The new employer has agreed to give me the Ac21 letter with same job duty description.
b) The salary increase in the job is almost 50%. Do you think this causes any red flag.
c) The company size of the new employer is much small than the current employer. Is this OK.
I am really depending on you people's expertise. Any help will really make me confident about this change.
Regards
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sasidhar79
09-16 03:09 PM
To all IV members please sign the online petition to drop Lou Dobbs and make this country more progressive.
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obelix
03-02 11:38 AM
Looks like your PD is current. You might get your GC anytime. That is another factor I would consider if your GC gets approved before you get married.
Filing six months in advance seems to be a better idea.
Thanks for your input. I had incorrect information attached under my signature. I've not even started GC filing yet.
Filing six months in advance seems to be a better idea.
Thanks for your input. I had incorrect information attached under my signature. I've not even started GC filing yet.
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perm2gc
08-24 11:42 AM
People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..
Is there any use in comming here as a student?? anymore..
You can still come as a student if your intent is to study in US but if you want them to hand over GC after you complete a degree then dont come ..You may have got master/phd degree from top universities which does not mean you qualify for immediate GC.. If you feel that people with BSC or BA have cheated the system so are you... Student Visa is to Study in US but not for Permanent Immigration to US
Is there any use in comming here as a student?? anymore..
You can still come as a student if your intent is to study in US but if you want them to hand over GC after you complete a degree then dont come ..You may have got master/phd degree from top universities which does not mean you qualify for immediate GC.. If you feel that people with BSC or BA have cheated the system so are you... Student Visa is to Study in US but not for Permanent Immigration to US
more...
needhelp!
09-16 02:48 PM
top priority to this one..
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jvs
03-02 06:36 PM
Regarding "New Scenario - Seeking second opinion"
Couple of things to consider...
1) You need to be present in US at time of applying for the extension and when its approved. In your case I think with travel coming up in June, you probably need to go premium so you have approval in hand my April end. Regular processing takes about 2-3 months I think.
2) You can only go 90 days in advance of your new/extended approval as far as I know. So you need to see if that matches when you plan to go for stamping.
If in similar situation I would probably do what you are planning. It adds some anxiety with both wedding and consulate visit at same time, but once past that it will make life little easier.
Couple of things to consider...
1) You need to be present in US at time of applying for the extension and when its approved. In your case I think with travel coming up in June, you probably need to go premium so you have approval in hand my April end. Regular processing takes about 2-3 months I think.
2) You can only go 90 days in advance of your new/extended approval as far as I know. So you need to see if that matches when you plan to go for stamping.
If in similar situation I would probably do what you are planning. It adds some anxiety with both wedding and consulate visit at same time, but once past that it will make life little easier.
more...
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vin13
06-25 10:10 AM
Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. TAKEOURJOBS.ORG (http://www.takeourjobs.org)
This is really a good one. It clears out some of the misconceptions among the general public.
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. TAKEOURJOBS.ORG (http://www.takeourjobs.org)
This is really a good one. It clears out some of the misconceptions among the general public.
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illinois_alum
05-27 09:30 PM
I had e-filed for me and my wife on 05/14.
App went to NSC. Sent docs on 05/19 - delivered on 05/21
Soft LUD on 05/17, 05/18 and on 05/24
Got receipts on 05/21
Yesterday (05/25) got ASC notice for FP for my wife.. did not know that FP is needed for EAD.
I thought last time we got FP notice.. it said app type as I-485.. that time.. in July fiasco.. we had applied for 485/EAD/AP all together
Have not got my FP notice yet
I have a Que - my daughter is 7 and initially the attorney had applied for EAD for her too... but then after the first time (2007) I did not apply for her EAD.. I thought no point in wasting $340 every time..
Now since FP notices are coming for my wife and hopefully for me - how about FP notice for my daughter? Do I need to apply for EAD for her.. to get FP notice?
If I don't get FP notice for her - will her Case be ok?
I e-filed for my wife on 5/24 - application was submitted to NSC.
Sof LUDs on 5/25, 5/26 and 5/27
Sent documents on 5/25 - Received by NSC on 5/27
Received Receipt Notice on 5/27
Waiting for FP notice (last FP was ~2 years back at the time of last EAD renewal)
App went to NSC. Sent docs on 05/19 - delivered on 05/21
Soft LUD on 05/17, 05/18 and on 05/24
Got receipts on 05/21
Yesterday (05/25) got ASC notice for FP for my wife.. did not know that FP is needed for EAD.
I thought last time we got FP notice.. it said app type as I-485.. that time.. in July fiasco.. we had applied for 485/EAD/AP all together
Have not got my FP notice yet
I have a Que - my daughter is 7 and initially the attorney had applied for EAD for her too... but then after the first time (2007) I did not apply for her EAD.. I thought no point in wasting $340 every time..
Now since FP notices are coming for my wife and hopefully for me - how about FP notice for my daughter? Do I need to apply for EAD for her.. to get FP notice?
If I don't get FP notice for her - will her Case be ok?
I e-filed for my wife on 5/24 - application was submitted to NSC.
Sof LUDs on 5/25, 5/26 and 5/27
Sent documents on 5/25 - Received by NSC on 5/27
Received Receipt Notice on 5/27
Waiting for FP notice (last FP was ~2 years back at the time of last EAD renewal)
more...
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knowDOL
05-19 10:22 AM
I agree with GCBy3000. You can't be so straight forward with your employer that you will not work with him after this contract, after all he is sponsoring your future permanent job in United States. That said, you can always act smart and leave company after 6 months filing of I485. Tell him that you will be with him and if your PD is current you should file your I140 and I485 both now. If you are not in good terms with him, there is every possibility that you lose everything you gained including your PD.
If he is not wiling to file I485 even though your PD is current, talk to him and be in good terms with his so he files it, because it is worth it. PD current means a lot. Even if you I140 is approved and if you change company, you can keep the PD but only if he does not use that LC for some one else. Don't create an opening for him to make more money for your position replacing you.
If he is not wiling to file I485 even though your PD is current, talk to him and be in good terms with his so he files it, because it is worth it. PD current means a lot. Even if you I140 is approved and if you change company, you can keep the PD but only if he does not use that LC for some one else. Don't create an opening for him to make more money for your position replacing you.
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jr8rdt
11-12 05:32 PM
1) To invoke ac21 do you have to have EAD and ...
a) I-140 approved and 485 pending 180 days or more OR
b) I-140 pending and 485 pending 180 days or more
2)Assuming I-140 is approved and 485 has been pending for more than 180 days, has valid EAD and the person invokes ac21. What about if employer revoke the I-140 (which has been approved)...will it has effect on the GC app? or once I-140 is approved that's it. you are free...
Thanks
a) I-140 approved and 485 pending 180 days or more OR
b) I-140 pending and 485 pending 180 days or more
2)Assuming I-140 is approved and 485 has been pending for more than 180 days, has valid EAD and the person invokes ac21. What about if employer revoke the I-140 (which has been approved)...will it has effect on the GC app? or once I-140 is approved that's it. you are free...
Thanks
more...
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Sunx_2004
08-01 11:17 AM
Her H1 is valid from Oct. onward, You can still file her status as H4. Apply for EAD and AP also. Hope this help.
Cheers
My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
Cheers
My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
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vinnysuru
04-01 03:07 PM
Hi Vinnysuru
Case is approvable but my question is - will I have to wait till Visa bulletin has PD date showing NOV 2006 or beyond or Current or they can just get a visa number now (say April 08) and send it for card prodcution ?
Yes, the current visa bulletin has to show PD your date or beyond or be current!
Otherwise, they can't request visa numbers. DOS won't issue.
Case is approvable but my question is - will I have to wait till Visa bulletin has PD date showing NOV 2006 or beyond or Current or they can just get a visa number now (say April 08) and send it for card prodcution ?
Yes, the current visa bulletin has to show PD your date or beyond or be current!
Otherwise, they can't request visa numbers. DOS won't issue.
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raysaikat
08-04 11:36 AM
Hi, can someone help crack this puzzle?
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).
srikondoji
01-25 04:05 PM
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
blacktongue
10-14 03:23 PM
So basically it is idea without a timeline and no actual document prove?
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