rsharma
09-24 08:36 AM
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
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desi3933
07-10 10:50 AM
that link you have provided is for ability to pay and wage below dol standards case... i read the entire document and wasted 30 precious minutes of my time and a friends time reading that case... thank for nothing.
I don't recall asking you to read anything. This is a public forum. You decide what to read. You are free to ignore my posts. ;)
By the way, it seems that you missed a part on Page 5 of the document. See my previous post if you are interested in what you missed.
.
I don't recall asking you to read anything. This is a public forum. You decide what to read. You are free to ignore my posts. ;)
By the way, it seems that you missed a part on Page 5 of the document. See my previous post if you are interested in what you missed.
.
utthesta
05-20 02:12 PM
I am a 2 July 2007 filer. Many SR's and calls later no FP.But I applied for EAD and AP renewal last week.I got the FP notice in mail today.
So I think that the renewal may trigger a FP notice.
-R
Hi,
I filed mine on 27th July, 2007;
Do I need to apply for renewal now? How sooner or later we can apply for renewal?
So I think that the renewal may trigger a FP notice.
-R
Hi,
I filed mine on 27th July, 2007;
Do I need to apply for renewal now? How sooner or later we can apply for renewal?
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stucklabor
06-26 04:54 PM
Eb3_Nepa,
You are quite mistaken if you think I am going to delete your post just because I disagree with you. One of the things that I love most about this country is the Bill of Rights and the First Amendment that protects free speech. I like the idea the everyone can voice their opinions as long as there are no physical threats or intimidation.
That being said, we run the risk of having a thread venting frustrations against illegals degenerate into an anti-Mexican thread. We have had a lot of publicity, and many reporters etc read our forum to get an idea of what we are about. They can very easily read one frustrated post from an otherwise reasonable member out of context and decide that we are a xenophobic group. I edited one comment from Santosh's post; and deleted a post of Bkam's. Bkam's post, frankly, was offensive.
As a side note, I have quite the same frustrations against the "perceived" better treatment that illegals get. If you look at our "Parity" memo where we found that undocumented workers can self-petition for green cards and we can't, I co-wrote it. But let us focus on the positives that we bring and move on.
You are quite mistaken if you think I am going to delete your post just because I disagree with you. One of the things that I love most about this country is the Bill of Rights and the First Amendment that protects free speech. I like the idea the everyone can voice their opinions as long as there are no physical threats or intimidation.
That being said, we run the risk of having a thread venting frustrations against illegals degenerate into an anti-Mexican thread. We have had a lot of publicity, and many reporters etc read our forum to get an idea of what we are about. They can very easily read one frustrated post from an otherwise reasonable member out of context and decide that we are a xenophobic group. I edited one comment from Santosh's post; and deleted a post of Bkam's. Bkam's post, frankly, was offensive.
As a side note, I have quite the same frustrations against the "perceived" better treatment that illegals get. If you look at our "Parity" memo where we found that undocumented workers can self-petition for green cards and we can't, I co-wrote it. But let us focus on the positives that we bring and move on.
more...
mrdelhiite
09-14 10:14 AM
July 3rd, 11:14AM signed by F Heinauer @ NSC
Good luck to everyone.
was it texas or NSC ?
-M
Good luck to everyone.
was it texas or NSC ?
-M
mrane1
12-16 03:30 AM
you will not get anything before it's time comes and if it is beyond your destiny/luck
I was never a fatalist but the GC process made me one... to a certain extent... Came to US in 96 as a student... First PD 1999... layoff in 2001... 2nd PD 2002... company shut down... 3rd PD 2003... PD cleared 7 days after 2005 retro! That was the worst period and I was so frustrated at the time!June 1st 07 filer... Was waiting for FP, EAD forever. Finally on sept 13th I had my FP and sept 17th my GC... just like that... no LUD, EAD, AP nothing... directly GC in the mail... I guess it was just my time! Looking back I think I am glad I concentrated on the positives that were going on in my life... thats pretty much the only thing one can do to aviod frustration... IV is a great organization and hopefully their efforts will bring fruits! Meanwhile good luck to u!
I was never a fatalist but the GC process made me one... to a certain extent... Came to US in 96 as a student... First PD 1999... layoff in 2001... 2nd PD 2002... company shut down... 3rd PD 2003... PD cleared 7 days after 2005 retro! That was the worst period and I was so frustrated at the time!June 1st 07 filer... Was waiting for FP, EAD forever. Finally on sept 13th I had my FP and sept 17th my GC... just like that... no LUD, EAD, AP nothing... directly GC in the mail... I guess it was just my time! Looking back I think I am glad I concentrated on the positives that were going on in my life... thats pretty much the only thing one can do to aviod frustration... IV is a great organization and hopefully their efforts will bring fruits! Meanwhile good luck to u!
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Karthikthiru
09-14 12:08 AM
I am in for it
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quiquincho
03-06 06:22 PM
You wouldn't have felt that way if you were EB-3 India sittinig for last 8 years, reading Visa Bulletins every months, just to find it still in Oct'2001...And if you ask USCIS what's going on they ask you 5K.
I don't think you can tell if I had felt that way, the same way I cannot tell how you feel, but I understand your pain to some extent - I have been waiting for 2 years and probably have to wait a few more. All I am saying is that the country cap policy is not a form of discrimination.:)
I don't think you can tell if I had felt that way, the same way I cannot tell how you feel, but I understand your pain to some extent - I have been waiting for 2 years and probably have to wait a few more. All I am saying is that the country cap policy is not a form of discrimination.:)
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gc_lover
07-02 08:52 AM
Delivered to Lincoln, NE on July 02, 2007 at 7:55AM.
Signed for by good old Robin Williams. This man would surely suffer from Carpal Tunnel Syndrome!
Robin Williams? Are you sure it didn't go to Hollywood!
Signed for by good old Robin Williams. This man would surely suffer from Carpal Tunnel Syndrome!
Robin Williams? Are you sure it didn't go to Hollywood!
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sledge_hammer
01-30 01:29 PM
The problem with him and many others including me is people like the OP, and in case you are also one of them, then we all have a problem with people like YOU!!!!!
He never claimed his wife was better than the OP. All he is saying is that his wife HAD a job, which is the minimum requirement to apply for an H-1B. He never said that converting from H4 to H1 is illegal!
Your coment that everyone is trying to improve their life is so simplistic and moronic. No one is denying you or the OP theright to improve one's life. Do so ethically!
How can you simply assume that everyone here came to the US through some bodyshopping company? How did you get your job? Was it through a consulting/bodyshopping company?
And no, he is not dividing the community. You and people like you think that every immigrant is unethical and it is an accepted behavior!
Shame on you!!!
What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representation false?
People like you are the ones who are dividing the community.
He never claimed his wife was better than the OP. All he is saying is that his wife HAD a job, which is the minimum requirement to apply for an H-1B. He never said that converting from H4 to H1 is illegal!
Your coment that everyone is trying to improve their life is so simplistic and moronic. No one is denying you or the OP theright to improve one's life. Do so ethically!
How can you simply assume that everyone here came to the US through some bodyshopping company? How did you get your job? Was it through a consulting/bodyshopping company?
And no, he is not dividing the community. You and people like you think that every immigrant is unethical and it is an accepted behavior!
Shame on you!!!
What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representation false?
People like you are the ones who are dividing the community.
more...
johny
09-06 03:25 PM
It looks like all service centers are following FIFO from last week of Aug. starting with jul 2nd applications.
http://www.murthy.com/news/n_ombloc.html
http://www.murthy.com/news/n_ombloc.html
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contactkpatel@yahoo.com
08-27 01:29 PM
Hi All,
Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.
Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.
Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.
Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.
more...
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sunny1000
12-15 11:52 PM
:D
Well, my old carcass is getting too aged to handle that anymore. So now I ease off the sauce and go to the gym.
But I do also try to notice and enjoy the silliness of the every day human condition. (Still to this day, I'm not sure why I mow my lawn, for instance.) A sense of humour is very important. Recognition that there are others less fortunate. And stay connected with friends socially.
And also recognize that fact that a green card won't make me magically happier beyond the immediate jubilation. Yes it is good to regain the rights we lost coming to the US. To speeches I'll still smile, nod, even clap and think "what a bunch of nonsense!" for privacy is the true freedom that you still have. But I'll still work for a living. I'll still put on a dress shirt to impress clients I'll never see. I'll still try to spend more time creating than managing. Not simply because my h1b legally requires me to do so, but because managing is intellectually trivial. Or one could say that managing is the work of man, creation is the work of the gods. ; )
Chin up!
-b
Good post!
Well, my old carcass is getting too aged to handle that anymore. So now I ease off the sauce and go to the gym.
But I do also try to notice and enjoy the silliness of the every day human condition. (Still to this day, I'm not sure why I mow my lawn, for instance.) A sense of humour is very important. Recognition that there are others less fortunate. And stay connected with friends socially.
And also recognize that fact that a green card won't make me magically happier beyond the immediate jubilation. Yes it is good to regain the rights we lost coming to the US. To speeches I'll still smile, nod, even clap and think "what a bunch of nonsense!" for privacy is the true freedom that you still have. But I'll still work for a living. I'll still put on a dress shirt to impress clients I'll never see. I'll still try to spend more time creating than managing. Not simply because my h1b legally requires me to do so, but because managing is intellectually trivial. Or one could say that managing is the work of man, creation is the work of the gods. ; )
Chin up!
-b
Good post!
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grupak
08-05 09:50 AM
We received our two year EAD from TSC on August 4th. RD and ND June 18th. No worries for two years.
BTW my PD has been current since August 1.
BTW my PD has been current since August 1.
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land of dreams
02-10 08:24 PM
To the Gurus,
I have a couple of questions regarding my AC21 portability, please post your thoughts on this
1) My 140 is approved and 485 is pending more than 180 days and I am planning to change my job. If my old employer does not cancel the approved 140, do I need to inform USCIS about the change of job??
2) Can I change multiple jobs??
3) Has anyone done that??
Please comment on this.
I have a couple of questions regarding my AC21 portability, please post your thoughts on this
1) My 140 is approved and 485 is pending more than 180 days and I am planning to change my job. If my old employer does not cancel the approved 140, do I need to inform USCIS about the change of job??
2) Can I change multiple jobs??
3) Has anyone done that??
Please comment on this.
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simple1
05-02 01:07 AM
Thanks a lot lost_in_migration for providing supporting docs.
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
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GKBest
10-12 05:06 PM
"PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>
I'll ask my lawyer to do this since he still has some clients who are still waiting like us.
I'll ask my lawyer to do this since he still has some clients who are still waiting like us.
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jkays94
06-22 12:17 AM
Let's start our campaign for our own bill immediately. There is no motive to wait. We should pay lobbysts and ask them to approach lawmakers using the argument that legal immigrants need a relief without waiting for amnesty bills for illegal aliens.
The same argument applies, why would someone like Dianne Feinstein or other lawmakers who supported CIR because of industries such as agriculture, turn around and support a bill for legal immigrants when they traditionally have been opposed to bills that favor skilled workers ? The reality is that there will be no new bill until after November. I'm being pessimistic with good reason, look at the example that this Senator (http://www.senate.gov/~levin/newsroom/release.cfm?id=256689) gave regarding a measure that made it to the Senate and collapsed, but they did have success in the house where it passed as they would have wanted it to. What happened in this same case is what has happened to CIR, it got past the Senate but is now facing problems in the house. It goes to show that lobbying even with massive resources does not guarantee immediate success neither is the result what one set out to get, but indeed one is better off lobbying than not lobbying at all :
18 families worth a total of $185.5 billion quietly financed and coordinated a 10-year effort to repeal the estate tax. The report (http://www.citizen.org/documents/EstateTaxFinal.pdf) tells how these families spent over $200 million dollars contributing to political campaigns, financing outside lobby groups and trade associations, and creating a massive anti-estate tax coalition that served as the main coordinator of the repeal campaign.
The same argument applies, why would someone like Dianne Feinstein or other lawmakers who supported CIR because of industries such as agriculture, turn around and support a bill for legal immigrants when they traditionally have been opposed to bills that favor skilled workers ? The reality is that there will be no new bill until after November. I'm being pessimistic with good reason, look at the example that this Senator (http://www.senate.gov/~levin/newsroom/release.cfm?id=256689) gave regarding a measure that made it to the Senate and collapsed, but they did have success in the house where it passed as they would have wanted it to. What happened in this same case is what has happened to CIR, it got past the Senate but is now facing problems in the house. It goes to show that lobbying even with massive resources does not guarantee immediate success neither is the result what one set out to get, but indeed one is better off lobbying than not lobbying at all :
18 families worth a total of $185.5 billion quietly financed and coordinated a 10-year effort to repeal the estate tax. The report (http://www.citizen.org/documents/EstateTaxFinal.pdf) tells how these families spent over $200 million dollars contributing to political campaigns, financing outside lobby groups and trade associations, and creating a massive anti-estate tax coalition that served as the main coordinator of the repeal campaign.
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rajuseattle
08-15 03:46 PM
My I-140 applied on july 13 2007 at NSC Transferred to TSC on 07/23/2007.
I-485/EAD/AP applied for me and my wife on 08/07/2007 at NSC per USCIS current filing instructions based on area where we live.
LUD 08/12/2007 on I-140.
---------------------------------
EB-3 (India) June 2003
LC (RIR) AD - 05/11/2007
I-140 (NSC) - 07/13/2007 --Transferred to TSC 07/23/2007
I-485/EAD/AP - 08/07/2007 - No receipt
I-485/EAD/AP applied for me and my wife on 08/07/2007 at NSC per USCIS current filing instructions based on area where we live.
LUD 08/12/2007 on I-140.
---------------------------------
EB-3 (India) June 2003
LC (RIR) AD - 05/11/2007
I-140 (NSC) - 07/13/2007 --Transferred to TSC 07/23/2007
I-485/EAD/AP - 08/07/2007 - No receipt
sbabunle
05-03 06:21 PM
I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
I agree with you eb3-nepa. My story is pretty much same as yours. Its not
a good idea to blame IV. IV is trying to do whatever possible within its limits.
If we are going to point out and resolve the issues in the immigration area the list would grow day by day. I think its better to focus on critical issues ( like retrogression, automatic recapturing of Visas and removing or increasing the per country quota ) and lobby for them. Most importantly DO NOT criticize IV unless absolutley we have to. Because unnecessary criticism may kill many of the volunteers spirits. If we ask for too many things ( like work permissions for H4) we may end up in getting nothing.
I hope and pray some good law will come up where there will be some good for everyone.
thanks
babu
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
I agree with you eb3-nepa. My story is pretty much same as yours. Its not
a good idea to blame IV. IV is trying to do whatever possible within its limits.
If we are going to point out and resolve the issues in the immigration area the list would grow day by day. I think its better to focus on critical issues ( like retrogression, automatic recapturing of Visas and removing or increasing the per country quota ) and lobby for them. Most importantly DO NOT criticize IV unless absolutley we have to. Because unnecessary criticism may kill many of the volunteers spirits. If we ask for too many things ( like work permissions for H4) we may end up in getting nothing.
I hope and pray some good law will come up where there will be some good for everyone.
thanks
babu
JunRN
09-12 03:58 PM
Some delay could be in the postal office and in your lawyer's mailbox...I'm a July 31st filer and already got my Receipts....it seems that the USCIS Receipting Update is true in my case, but not for others who are still waiting....
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