harsh
12-12 04:41 PM
EB-3 india is not yet completely out of 245(i) mess. If you remember the last month's priority date was 22Apr 2001. Now in Jan priority date is 08May2001. 245(i) ended on Apr30th 2001. So this month's progress still includes 8 days of 245(i). I would imagine that more cases were filed from Apr 22 - Apr 30 as this was the last week. So its still a long way to go before EB3 is completely out of 245(i).
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nozerd
12-29 09:59 AM
Before I approach Ombudsman is it wise to get any sort of clearence or green signal from your lawyer ? Can you approach them directly without a lawyer ?
Thanks
Thanks
myvoice23
07-20 07:27 AM
Hi all legal eagles, advice please
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.
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neelu
04-20 12:20 PM
Here's what I sent...
I am writing to inform you of how the country based quotas imposed on Employment (http://immigrationvoice.org/forum/showthread.php?p=335690#) Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in a very short time (about an year).
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this unfair policy and reinforce that America is truly a society that celebrates meritocracy.
About me:
I have been in the US for over 10 years. I work for company ABC, for which I am happy to say, I recently wrote an algorithm (patent pending) which brought in about 10 million dollars worth of contracts to my company.
I have paid $xyzn federal taxes, $xyz in state taxes, $xyz in medicare taxes & $xyz in SSN taxes over the last 10 years. There are my monetary contributions to this country.
I was privileged to have volunteered in your 2008 presidential campaign. I was and am inspired by the new politics and policies that you talked about. A legal immigration fix is something that is low cost high benefit for the country - so I implore you to make this a high priority.
Thank you.
Hello Neelu,
Can you share the draft of your modified letter?
thx.
I am writing to inform you of how the country based quotas imposed on Employment (http://immigrationvoice.org/forum/showthread.php?p=335690#) Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in a very short time (about an year).
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this unfair policy and reinforce that America is truly a society that celebrates meritocracy.
About me:
I have been in the US for over 10 years. I work for company ABC, for which I am happy to say, I recently wrote an algorithm (patent pending) which brought in about 10 million dollars worth of contracts to my company.
I have paid $xyzn federal taxes, $xyz in state taxes, $xyz in medicare taxes & $xyz in SSN taxes over the last 10 years. There are my monetary contributions to this country.
I was privileged to have volunteered in your 2008 presidential campaign. I was and am inspired by the new politics and policies that you talked about. A legal immigration fix is something that is low cost high benefit for the country - so I implore you to make this a high priority.
Thank you.
Hello Neelu,
Can you share the draft of your modified letter?
thx.
more...
Leo07
06-02 03:29 PM
<<<<<<<<<<<<<<<<<bump>>>>>>>>>>>>
Omm
12-28 03:40 PM
dingudi, Lazycis
The real problem is due to cost cutting in fiancial industry they are asking me either to take a full time if I wish to continue or terminate my contact as they do not have budget for next Year, So i dont know if my I 140 can get approved by that time (NExt month), But anyways thanks for a lot for guidance.
Good luck to all those lookin forward for Green life after GREEEEEN card.
HAPPY NEW YEAR
The real problem is due to cost cutting in fiancial industry they are asking me either to take a full time if I wish to continue or terminate my contact as they do not have budget for next Year, So i dont know if my I 140 can get approved by that time (NExt month), But anyways thanks for a lot for guidance.
Good luck to all those lookin forward for Green life after GREEEEEN card.
HAPPY NEW YEAR
more...
sbindval
07-02 04:14 PM
for myself and my wife
600 - medical
300 - documents etc
1800 - change travle plans
---
$2700 - total
600 - medical
300 - documents etc
1800 - change travle plans
---
$2700 - total
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rajalan@gmail.com
11-09 01:08 PM
Still waiting for FP and no SR is filed
more...
gsc999
05-22 03:51 PM
Lol, Agree with this. We need to include this amendment in the agenda :D
---
We have been model "future citizens" by paying all our taxes, abiding by civic laws and meticulously making sure that we never get out of our precarious H-1 B visa status. This is how we are rewarded. This isn't a "grand bargain" it is not even an "amnesty" as many anti-immigrants are labeling it, this is worse, it is a "travesty." Bravo US Senate, you just proved that playing by the rules is such an unAmerican trait. We learn that from your grand bargain. Better late than never. We know now what to do.
On a different note. We could request these senators to introduce an amendment that will create a new category of visa called "H-2-Z" visa for people who give up on getting a green card based on employment based system but may find it easier to refile under Z visa category by becoming illegals.
---
We have been model "future citizens" by paying all our taxes, abiding by civic laws and meticulously making sure that we never get out of our precarious H-1 B visa status. This is how we are rewarded. This isn't a "grand bargain" it is not even an "amnesty" as many anti-immigrants are labeling it, this is worse, it is a "travesty." Bravo US Senate, you just proved that playing by the rules is such an unAmerican trait. We learn that from your grand bargain. Better late than never. We know now what to do.
On a different note. We could request these senators to introduce an amendment that will create a new category of visa called "H-2-Z" visa for people who give up on getting a green card based on employment based system but may find it easier to refile under Z visa category by becoming illegals.
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eb3retro
04-16 01:04 PM
Can anyone please give any advise/ideas on how to deal with this?
Thanks.
did you give an education evaluation certification along with your original GC app and I-140 app? IT is very important documentation if u do not have a 4 year degree. Usually they accept 3 year degree with work exp to be considered in lieu of 4 year degree. for your case, where u do not have a 3 year bachelors also, ur education evaluation documentation needs to be extra strong and attractive. Hope this helps...
Thanks.
did you give an education evaluation certification along with your original GC app and I-140 app? IT is very important documentation if u do not have a 4 year degree. Usually they accept 3 year degree with work exp to be considered in lieu of 4 year degree. for your case, where u do not have a 3 year bachelors also, ur education evaluation documentation needs to be extra strong and attractive. Hope this helps...
more...
Nil
04-19 04:07 PM
Gentlemen,
Pls let us get over this and get back to real work.
Writing to the whitehouse is a good idea.
So is filling up one's details and donating for the cause.
Pls let us get over this and get back to real work.
Writing to the whitehouse is a good idea.
So is filling up one's details and donating for the cause.
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anilsal
07-15 09:22 PM
does not have FP requirements. Correct?
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nag2007
10-11 04:31 PM
PERM started after March 29 2005. I had file before that because of my 6 yrs H1b Limit.
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am4gc
12-30 09:05 AM
Longq,
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
Because, till 2005 there were extra 100,000 (total 242,000 were issued) recapturd numbers available. Therefore, no one cared (DOS/USCIS) about AC21 law that removes country quota. EB2 were curren for all then.
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
Because, till 2005 there were extra 100,000 (total 242,000 were issued) recapturd numbers available. Therefore, no one cared (DOS/USCIS) about AC21 law that removes country quota. EB2 were curren for all then.
more...
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zbd
01-03 09:43 PM
feel that is shame to tell, but you need to speak out... What to do ?
Is your selffriend produce high tech for modern life ? Tell him to get a fe for himself looking around the world. It's better than 4 though
Is your selffriend produce high tech for modern life ? Tell him to get a fe for himself looking around the world. It's better than 4 though
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h1techSlave
04-10 02:25 PM
If any one is meeting law makers from Maryland, I am also interested.
Thanks guys,
h1techSlave
Thanks guys,
h1techSlave
more...
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leo2606
08-11 10:34 PM
Technologies doesn't matter as long as job description is same.
Not a lawyer but...
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
Not a lawyer but...
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
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Libra
08-22 11:06 AM
people are interested in polling july receipts threads but no one is interested in polling bus ride threads.
Guys, if you belong to any of the states in the following links please poll, participate in rally on sept 18th in DC.
http://immigrationvoice.org/forum/showthread.php?t=12628
http://immigrationvoice.org/forum/showthread.php?t=12567
http://immigrationvoice.org/forum/showthread.php?t=12599
Guys, if you belong to any of the states in the following links please poll, participate in rally on sept 18th in DC.
http://immigrationvoice.org/forum/showthread.php?t=12628
http://immigrationvoice.org/forum/showthread.php?t=12567
http://immigrationvoice.org/forum/showthread.php?t=12599
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meridiani.planum
07-19 07:16 PM
1.Apply for new H1 petition(premium processing) for you before July 31.
2.On approval send the H1 papers to your wife so that she can get H4.
3. On her entry to USA apply for her I-485.
Then you can live happily together in america.
P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.
this is a good response, seconding it.
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife? B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for. The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
2.On approval send the H1 papers to your wife so that she can get H4.
3. On her entry to USA apply for her I-485.
Then you can live happily together in america.
P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.
this is a good response, seconding it.
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife? B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for. The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
Sachin_Stock
08-25 10:14 AM
While it is true that EB 3 india will take "forever" for those with priority date after 2005, USCIS has been coming down heavily on recent spate of EB3 to EB2 filings. One thing to ask an employer who claims to file EB2 on your behalf is whether they have applied similar EB2s successfully for candidates at similar position that they are offering you. If they fail to provide a satisfactory answer, they are more than likely luring you with a false promise.
That has always been a standard practice. That is part of PERM Labor process and is NOT new.
That has always been a standard practice. That is part of PERM Labor process and is NOT new.
chanduv23
03-26 01:47 PM
one doenst have to argue but can definitely question why its not there on their website if its not htere..they just cant decide one fine morning to just start as king for stuff...
I agree. They have to follow well set guidelines.
I would say - those having issues must all get together and write to the Authorities asking them to update rules on website and not arbitrary.
I agree. They have to follow well set guidelines.
I would say - those having issues must all get together and write to the Authorities asking them to update rules on website and not arbitrary.