zCool
04-05 02:56 PM
So lets understand this..
You joined someone on the promise that they will sponsor your GC with approved labor..
They kept their word and you are gainfully employed.. he's paying you and now you want to purely for your own benefit leave this benefactor and join another company..
So either you paid him before joining and hence feel entitled to this approved I140
Or
You are just too opportunistic and don't deserve this good guy who is doing as he says .. No wonder Desi consulting companies try to get as much leverage on their employees as they can.. guyz like you spoil it for everyone!!
Go eat in some other dust-bin..!
You joined someone on the promise that they will sponsor your GC with approved labor..
They kept their word and you are gainfully employed.. he's paying you and now you want to purely for your own benefit leave this benefactor and join another company..
So either you paid him before joining and hence feel entitled to this approved I140
Or
You are just too opportunistic and don't deserve this good guy who is doing as he says .. No wonder Desi consulting companies try to get as much leverage on their employees as they can.. guyz like you spoil it for everyone!!
Go eat in some other dust-bin..!
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mygoodluck
07-20 11:49 AM
Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?
One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.
While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.
Best to ask your lawyer.
Very true. There is a very heavy chance of AOS denial if she gets married in US on a B1/B2 and filed for AOS. As it would be pretty indicative/clear to the CIS that she had lied about her intentions when she went to get the B1/B2 visa.
One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.
While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.
Best to ask your lawyer.
Very true. There is a very heavy chance of AOS denial if she gets married in US on a B1/B2 and filed for AOS. As it would be pretty indicative/clear to the CIS that she had lied about her intentions when she went to get the B1/B2 visa.
PlainSpeak
02-24 09:21 AM
Hi,
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
For clarification .....
Which company do you work? I only ask because i thought Programmer/Analyst and Sr Programmer/Analyst are only eligible for EB3. I was one more step ahead Apps Dev Cons (which is a system manager postion) and that was also consIdered EB3
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
For clarification .....
Which company do you work? I only ask because i thought Programmer/Analyst and Sr Programmer/Analyst are only eligible for EB3. I was one more step ahead Apps Dev Cons (which is a system manager postion) and that was also consIdered EB3
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alterego
12-12 07:03 PM
My guess is they retrogressed to basically stem demand completely as they felt they had used too many visas too soon, and that is where they decided they need to put the date to extinguish demand. Last month they tried Jan. 2002, but quite clearly that did not have the desired impact. Hence the further move backward.
This is not too hard to see once you realize you are speaking about 2800 visas for EB2 India, and that means 700 per quarter or about 250-300 primary beneficiaries. When they kept PD at Apr 2004 for the first 3 months, why is it hard to envision that they went through say about 500 primary applicants with such dates, between genuinely old petitions, substitute labor petitions and EB3 to EB2 jumpers, backlog center applicants etc? I mean the truth hurts but this is where it is at. My guess is they have almost certainly used up over 1/2 of the annual allotment for EB2 India, hence they mentioned last month they used up 38% and now they are warning about the possibility of unavailability in coming months preparing us for the inevitable.
EB3 won't be too far behind in my guesstimate since if they move dates by just a few months this will drive up demand and the fate of that PD will be the same as EB2. 2800 visas inclusive of family members for EB2 and EB3 India is like feeding a hungry lion a chicken wing.:)
The one possibility that might help us is if once again around the may-june-july time period they accelerate demand by moving EB India to use up visa numbers. If my memory serves me right they did end up using about 15K visas for EB2 India last year. There is no guarantee they will do that again this year however after last years VB fiasco for which they took a lot of heat, they may just let the visas go.
I see visa recapture as our only hope for temporary relief. Failing which we desperately need administrative fixes like 3yr EADs etc to ease our pain while we wait out the presidential elections next year. Lets hope for the best with the omnibus legislation.
This is not too hard to see once you realize you are speaking about 2800 visas for EB2 India, and that means 700 per quarter or about 250-300 primary beneficiaries. When they kept PD at Apr 2004 for the first 3 months, why is it hard to envision that they went through say about 500 primary applicants with such dates, between genuinely old petitions, substitute labor petitions and EB3 to EB2 jumpers, backlog center applicants etc? I mean the truth hurts but this is where it is at. My guess is they have almost certainly used up over 1/2 of the annual allotment for EB2 India, hence they mentioned last month they used up 38% and now they are warning about the possibility of unavailability in coming months preparing us for the inevitable.
EB3 won't be too far behind in my guesstimate since if they move dates by just a few months this will drive up demand and the fate of that PD will be the same as EB2. 2800 visas inclusive of family members for EB2 and EB3 India is like feeding a hungry lion a chicken wing.:)
The one possibility that might help us is if once again around the may-june-july time period they accelerate demand by moving EB India to use up visa numbers. If my memory serves me right they did end up using about 15K visas for EB2 India last year. There is no guarantee they will do that again this year however after last years VB fiasco for which they took a lot of heat, they may just let the visas go.
I see visa recapture as our only hope for temporary relief. Failing which we desperately need administrative fixes like 3yr EADs etc to ease our pain while we wait out the presidential elections next year. Lets hope for the best with the omnibus legislation.
more...
amsgc
06-16 12:35 AM
Murali,
It is always good to have your documents in order. If you are aware of the problem, why don't you have it fixed?
It may very well be a typo. on the card, and everything else may be in order. For example, what does it say on your credit report? If it is the other way round, then there is problem that must be fixed.
I would have it fixed it anyway.
Dear Friends
I have a big problem , my name is correct on passport, birthcertificate , H1 but my social security card has my name swapped. I never bothered to change all these years but I hear name check so I am worried.
Will my 1-485 case get stuck because of this
is it a good idea to change the name on SSN now.
Any suggestions.
Thanks
Murali
It is always good to have your documents in order. If you are aware of the problem, why don't you have it fixed?
It may very well be a typo. on the card, and everything else may be in order. For example, what does it say on your credit report? If it is the other way round, then there is problem that must be fixed.
I would have it fixed it anyway.
Dear Friends
I have a big problem , my name is correct on passport, birthcertificate , H1 but my social security card has my name swapped. I never bothered to change all these years but I hear name check so I am worried.
Will my 1-485 case get stuck because of this
is it a good idea to change the name on SSN now.
Any suggestions.
Thanks
Murali
WAIT_FOR_EVER_GC
06-21 02:04 PM
suggestions? ^^^^^^^
1) Read the requirement of EB2. Find out who are eligible in this category (Experience and bla bla bla)
Masters Degree, Managerial Position, Bachelor + 5 years are eligible. I am saying this because my friends have applied in these three categories to be eligible for eb2.
2) Your new Labor (PERM) in Eb2 might take up 8-10 months.
3) Apply I-140, I do not know if we have Premium Processing for it.
4) Once I-140 is Approved you can port the EB3 priority date to Eb2.
In your case 04 Eb3 will be now 04 Eb2.
The I -485 will have the old priority date 04 Eb2.
Most of the porting that I have heard is done by jumping ship. You ask your new employer to file in Eb2 and after your I-140 is approved you apply the old priority to EB2.
1) Read the requirement of EB2. Find out who are eligible in this category (Experience and bla bla bla)
Masters Degree, Managerial Position, Bachelor + 5 years are eligible. I am saying this because my friends have applied in these three categories to be eligible for eb2.
2) Your new Labor (PERM) in Eb2 might take up 8-10 months.
3) Apply I-140, I do not know if we have Premium Processing for it.
4) Once I-140 is Approved you can port the EB3 priority date to Eb2.
In your case 04 Eb3 will be now 04 Eb2.
The I -485 will have the old priority date 04 Eb2.
Most of the porting that I have heard is done by jumping ship. You ask your new employer to file in Eb2 and after your I-140 is approved you apply the old priority to EB2.
more...
desi3933
03-03 10:48 AM
Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.
No.
Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.
http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf
No.
Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.
http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf
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DSLStart
03-30 10:00 PM
Congrats :)
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
more...
deepakjain
11-16 06:36 PM
Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.
The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.
Regards,
Deepak
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.
The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.
Regards,
Deepak
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gsrknth
08-22 12:18 PM
e-filed EAD renewal on 5/27 TSC
FP:6/21
still waiting....
EB2 i
PD:10/05, I140 approved 2/06
Weird!! E-filing should be fast , instead it is slow !!!! I have some friends who e-filed before me and still pending .
FP:6/21
still waiting....
EB2 i
PD:10/05, I140 approved 2/06
Weird!! E-filing should be fast , instead it is slow !!!! I have some friends who e-filed before me and still pending .
more...
kishdam
03-25 10:11 AM
This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !
Seems like this bill has some EB provisions as well - like exempting PhD holders from visa numbers. Ofcourse thats too little but something is better than nothing.
Seems like this bill has some EB provisions as well - like exempting PhD holders from visa numbers. Ofcourse thats too little but something is better than nothing.
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desi3933
03-03 10:48 AM
Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.
No.
Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.
http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf
No.
Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.
http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf
more...
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raamskl
07-07 12:40 PM
Done..
Good luck to ur son.
Good luck to ur son.
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satyasaich
10-21 10:16 AM
That means let Immigrants suffer in hell. with this ignorant guy's letters, and inturn USCIS responds and issues a dump memo on that letter again, and the suffering becomes more and more day by day. Is the republicans have majority or Democrats I have doubts about that. This bipartisan is a key word to do nothing and enjoy all the benefits of being the ruling side. There is no seniority issue here. These senators are weeds who make immigrants life miserable.
Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news
Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news
more...
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Libra
08-31 12:01 PM
All midwest members please go to this thread and cast your vote
http://immigrationvoice.org/forum/showthread.php?t=12599
http://immigrationvoice.org/forum/showthread.php?t=12599
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rockstart
01-08 12:28 PM
Posting IV Wiki page link on Birth Certificates
US I-485 RFE Birth Certificate - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate#External_Reference_Links )
US I-485 RFE Birth Certificate - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate#External_Reference_Links )
more...
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WaitingForMyGC
06-25 11:18 AM
Thanks guys for all your replies & suggestions. Just to let you know, that I am paying for my whole GC process and I have been with this company since last 3 years. I have already completed one 2 year contract term with them and still they are asking me to sign new contract. To me, this is total blackmailing.
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ssingh92
05-03 01:17 PM
Hey - can you please tell me where you applied for the 4 yr DL. I have always got my DL extended only till I-94 expiry or of late - till my EAD expiry. I renew my DL in Columbus. Can you please share your experience as to where you got your DL renewed?
I think PA is very liberal in issuing the Dr. Lic. Last year (2008) I cam back from India using AP and I received my Dr. Lic renewed upto 2012. I just applied online printed the form, went Norristown (near King Of Prussia), showed him old unexpired Dr Lic, He took my picture and issued me Dr Lic..
This is why I dont want to move in other state. If I had to then I will keep my permanent address in PA, twice in a month will come back here.
I think PA is very liberal in issuing the Dr. Lic. Last year (2008) I cam back from India using AP and I received my Dr. Lic renewed upto 2012. I just applied online printed the form, went Norristown (near King Of Prussia), showed him old unexpired Dr Lic, He took my picture and issued me Dr Lic..
This is why I dont want to move in other state. If I had to then I will keep my permanent address in PA, twice in a month will come back here.
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gceb3holder
02-27 08:51 AM
Ok! So that brings me to late July... :( still, not bad, but not perfect. Anyway, like someone up there said, it is worth it. :cool:
What would be the process to switch jobs? Does the new employer need to fill anything with USCIS ? Or I can simply sign a new contract with them ?
What would be the process to switch jobs? Does the new employer need to fill anything with USCIS ? Or I can simply sign a new contract with them ?
chunky
07-27 08:49 AM
Can we leave country and apply for H4 visa at US embassy.
Will I 485 be abandoned with it.
Thanks
To travel out of the US when a 485 is pending,
1. You should have AP or
2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt
So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.
Will I 485 be abandoned with it.
Thanks
To travel out of the US when a 485 is pending,
1. You should have AP or
2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt
So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.
ozone123
07-16 09:20 PM
Just posted this reply at http://www.numbersusa.com/helpform
Hello,
I happened to come across your fax initiative "Ask your Members of Congress to oppose the SKIL Act H-1B increases".
Seems like you have got many facts wrong.
I'm surprised that an advocacy group as yours would try to make statements that would dilute your own credibility.
Below are some corrections,
"(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies."
The above statement is a matter of perspective. People can still come on visitor visas and have babies here.In any case, I personally do know of people who have gone back to their own countries to have their babies.
"(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers."
The above statement in COMPLETELY incorrect.
Everyone on H1-B is required to pay federal, state, medicaid, Social Security and other taxes that any other native employee would pay.
On the other hand, H1-B employees dont stand to gain from the Social Security when they relocate back to their country after 6 years.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
This is incorrect too.H1-B requires labor clearance and specific skills, even for h1-b transfers.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
You got to be kidding.There is no such thing.
I would appreciate it if you can quote any official source of this info.
Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
The trust will be out soon.
Sincerely.
XXXXX
Hello,
I happened to come across your fax initiative "Ask your Members of Congress to oppose the SKIL Act H-1B increases".
Seems like you have got many facts wrong.
I'm surprised that an advocacy group as yours would try to make statements that would dilute your own credibility.
Below are some corrections,
"(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies."
The above statement is a matter of perspective. People can still come on visitor visas and have babies here.In any case, I personally do know of people who have gone back to their own countries to have their babies.
"(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers."
The above statement in COMPLETELY incorrect.
Everyone on H1-B is required to pay federal, state, medicaid, Social Security and other taxes that any other native employee would pay.
On the other hand, H1-B employees dont stand to gain from the Social Security when they relocate back to their country after 6 years.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
This is incorrect too.H1-B requires labor clearance and specific skills, even for h1-b transfers.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
You got to be kidding.There is no such thing.
I would appreciate it if you can quote any official source of this info.
Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
The trust will be out soon.
Sincerely.
XXXXX
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