chanduv23
09-10 03:59 PM
Andy Garciaaaaaaaaaaaaaaaaaaaaaaaaaaaa is coming to the rallyyyyyyyyyyyyyyyyyyyyyyy
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greenlight
08-17 01:45 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
seahawks
10-26 09:58 PM
bump, action item, please notarize and mail. Please keep this thread active!
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Almond
07-05 12:18 PM
So many more places to go to on the internet and get free info and free forums to post on that making this one a paid members only forum would ensure you and a handful of others like you will be best friends posting and viewing on here by yourselves. At least it'll last for a couple of years, you know, longer than a western marriage because you're bound to be waiting considering the USCIS snail work pace. This forum should stay free so everyone can have access to it and be able to communicate with others in similar situations. If one feels like they can/want to contribute for whatever reason, it should be of their own choosing. I just joined so I don't have that sense of gratefulness that longer term posters have but I can see how that could change after being here for a while.
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greencard_fever
07-28 04:12 PM
Admin Please Please Please Please Please Please Please Please Please Please Please Please Please Please Closeee this Threadddddd
indianabacklog
04-07 09:53 AM
From a logical perspective how many people arrive on flights which just happen to arrive during regular business hours so employers can be contacted?? Even if you do arrive in the middle of the day the chances are the phone would not be manned at that precise moment the POE officer chooses to call.
If there would be any doubt the POE officer would pass the individual onto secondary inspection for them to take care of things.
Another observation, why are H1B holders in line in front of green card holders. Did the green card holders just happen to want to join the long line or did the visa holder decide they could go in the short line at immigration?
Just some thoughts after reading these sort of posts.
Another one, how on earth does an employer know that there is a US citizen that could do the job spontaneously when the POE officer just happened to call them???
Until I see a real story that can be verified I doubt what I am reading is true.
If there would be any doubt the POE officer would pass the individual onto secondary inspection for them to take care of things.
Another observation, why are H1B holders in line in front of green card holders. Did the green card holders just happen to want to join the long line or did the visa holder decide they could go in the short line at immigration?
Just some thoughts after reading these sort of posts.
Another one, how on earth does an employer know that there is a US citizen that could do the job spontaneously when the POE officer just happened to call them???
Until I see a real story that can be verified I doubt what I am reading is true.
more...
walking_dude
10-28 11:46 PM
I sent mine. Did you send yours?
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widad2020
01-16 04:37 PM
Good one man. I can see myself while reading your story.
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Canuck
02-14 08:15 PM
maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.
If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!
Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.
If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!
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texanmom
09-26 11:40 AM
Please deluge both the author (Eilene Zimmerman) and the editor with emails pointing out the misrepresentation of IV's agenda.
Using words like 'defamatory' , "unethical reporting" and 'misrepresentation' catches their attention since they are always afraid of law suits.
Using words like 'defamatory' , "unethical reporting" and 'misrepresentation' catches their attention since they are always afraid of law suits.
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virald
07-18 12:54 AM
Plus the July 2nd bulletin has been reversed (meaning totally void). So the July 2nd filers should be ok. Infact there is a grim possibility that you may be assigned the remaining yearly visa numbers (as per Greg Siskind's blog entry).
Instead of really worrying, why don't you become a paid member of IV on a monthly recurring basis? This way you are supporting the IV cause (which is your/our cause).
Guys,
I don't like to worry but here is Greg Siskind's comment --(don't know what to make of it)
Just to clarify, some cases received on July 2nd were rejected according to the USCIS' own announcement. I am not sure if people have started to get those applications back or not yet. Perhaps people on the blog can weigh in. The dilemma is what to do if you don't know whether the case is in or not. No clear answer yet. AILA may get some info on this when it presumably meets with USCIS on this very soon.
Posted by: Greg Siskind | July 17, 2007 at 09:17 PM (http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html#comment-76226938)
Instead of really worrying, why don't you become a paid member of IV on a monthly recurring basis? This way you are supporting the IV cause (which is your/our cause).
Guys,
I don't like to worry but here is Greg Siskind's comment --(don't know what to make of it)
Just to clarify, some cases received on July 2nd were rejected according to the USCIS' own announcement. I am not sure if people have started to get those applications back or not yet. Perhaps people on the blog can weigh in. The dilemma is what to do if you don't know whether the case is in or not. No clear answer yet. AILA may get some info on this when it presumably meets with USCIS on this very soon.
Posted by: Greg Siskind | July 17, 2007 at 09:17 PM (http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html#comment-76226938)
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nlssubbu
09-24 01:55 PM
check with your attorney if a birth certificate issued by the consulate is ok
They provide it based on the passport - and then you may attach an affidavit
I do not think that USCIS accept the birth certificate provided by Consulate. You may either get an affidavit or can get a copy of the certificate truly attested from your birth place based on your birth records. If you do not have a birth certificate, you may also need a NC (No Certificate) from your local authority as a proof along with the affidavit.
They provide it based on the passport - and then you may attach an affidavit
I do not think that USCIS accept the birth certificate provided by Consulate. You may either get an affidavit or can get a copy of the certificate truly attested from your birth place based on your birth records. If you do not have a birth certificate, you may also need a NC (No Certificate) from your local authority as a proof along with the affidavit.
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karanp25
07-14 06:49 PM
7/13 LUD is inconclusive. There's a separate thread on IV discussing this where EB-2 folks have seen a 07/13 LUD w/o AC-21. Do you remember seeing a change in your I-140 LUD after approval in 2006 and before last week when they generated your RFE?
if there was a LUD, this is a high possibility that your previous employer revoked I-140.
This RFE can not be generated out of the blues. Using H-1B Xfr instead of EAD has absolutely nothing to do with validity of your AC-21. At least i am not aware of any correlation between the two.
I dont remember that. I saw my online profile with USCIS just now. There is a LUD for yesterday 07/13/2008 on my 140 approved in 2006.
if there was a LUD, this is a high possibility that your previous employer revoked I-140.
This RFE can not be generated out of the blues. Using H-1B Xfr instead of EAD has absolutely nothing to do with validity of your AC-21. At least i am not aware of any correlation between the two.
I dont remember that. I saw my online profile with USCIS just now. There is a LUD for yesterday 07/13/2008 on my 140 approved in 2006.
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brawn81
11-06 11:56 AM
Thanks
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ArunAntonio
04-20 04:04 PM
I would like to volunteer.
------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,
------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,
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delhirocks
07-28 03:02 PM
Its amazing how the self proclaimed defenders of Hinduism think that the religion is so fragile. Last I checked Hinduism is known to be >5000 years old, withstood countless aggressors/forced conversions for over 1000s of years, absorbed various cultures and ethnicities to remain one of the dominant religions in the world.
Its asinine to think that the religion/culture that withstood Aurangzeb will be diminished by a freakin IPA.
It is my view that folks who get offended by something as trivial as this, are reflecting their own insecurities or even their lack of faith in something they have been led to believe in.
Its asinine to think that the religion/culture that withstood Aurangzeb will be diminished by a freakin IPA.
It is my view that folks who get offended by something as trivial as this, are reflecting their own insecurities or even their lack of faith in something they have been led to believe in.
more...
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piyu7444
01-30 04:15 PM
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
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reddymjm
06-03 05:01 PM
dont do it ..on L1A under NIW he/she can get a GC without labour. Just file I140 and then 485 NIW ..that would be really stupid to move L1A to H1B
Then wait for 180 days to take advantage of AC21.
Then wait for 180 days to take advantage of AC21.
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qplearn
11-24 11:02 AM
Ok. This is new to me. Can someone confirm if this is true? Is there any link that supports this?
--------
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.
--------
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.
senthil1
06-13 11:43 AM
Impact of rule 2 will be minimal and that rule will be really used not to displace
US workers if that is the purpose. If companies are not really displacing US workers why should they bother about this rule? This rule will certainly minimise the outsourcing by laying off people as H1b persons are required for offshore co-ordination.
Rule 3 is putting ad that is just like a Labor process in green card. It will delay h1b hiring for a month and really impact will be minimal
Those 2 rules are worth if companies can get best people in the world(that was the intention of H1b program. That is what Google and Microsoft are arguing)
With the restrictions we are getting 115 to 180k H1bs. If there is some plan for clearing backlog for gc then we can very well support CIR
Correct me if my understanding is wrong.
Hi, Senthil and Bugmenot
You said :They will allow some form of consulting and they may ban subcontracting in H1b.
Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
ex bearing point....
Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.
Impossible to be applied.
(Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).
Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.
I will show you how the merit based system have to change for EB in my next post.
Got to go...
US workers if that is the purpose. If companies are not really displacing US workers why should they bother about this rule? This rule will certainly minimise the outsourcing by laying off people as H1b persons are required for offshore co-ordination.
Rule 3 is putting ad that is just like a Labor process in green card. It will delay h1b hiring for a month and really impact will be minimal
Those 2 rules are worth if companies can get best people in the world(that was the intention of H1b program. That is what Google and Microsoft are arguing)
With the restrictions we are getting 115 to 180k H1bs. If there is some plan for clearing backlog for gc then we can very well support CIR
Correct me if my understanding is wrong.
Hi, Senthil and Bugmenot
You said :They will allow some form of consulting and they may ban subcontracting in H1b.
Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
ex bearing point....
Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.
Impossible to be applied.
(Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).
Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.
I will show you how the merit based system have to change for EB in my next post.
Got to go...
pappu
12-26 11:07 PM
Thank you go_gc_way, for this effort. Hundreds of members may have seen your thread but nobody could spend 15 minutes on this simple effort. I hope by tomorrow you will have good company.