sunny1000
02-27 07:22 PM
Yes it is just like someone asking labor sub to be allowed again in admin fixes so that they can get a sustitute labor and cut in line.
I don't think it is the CP filers' fault. They are not cutting in line. It is the USCIS who is sitting on their ass on these 485s while the state dept processes the CP files at the normal pace. It should have been the state dept who should have processed the I-485 and CP (just like how they used to do the H/L visa revalidation inside U.S 4 years ago) and we would not have this issue or the visa bulletin fiasco.
It is a gamble to go with CP just like any other application in this GC mess. I know of guys who got their green card in 18 months while I spent 5.5 years in labor dept alone. But, that does not warrant chastising of the CP filers or anybody else for the Government's ineffiency (except in the case of labor sub).
But, I agree that the requests by the original poster should not be a part of IV's letter campaign.
I don't think it is the CP filers' fault. They are not cutting in line. It is the USCIS who is sitting on their ass on these 485s while the state dept processes the CP files at the normal pace. It should have been the state dept who should have processed the I-485 and CP (just like how they used to do the H/L visa revalidation inside U.S 4 years ago) and we would not have this issue or the visa bulletin fiasco.
It is a gamble to go with CP just like any other application in this GC mess. I know of guys who got their green card in 18 months while I spent 5.5 years in labor dept alone. But, that does not warrant chastising of the CP filers or anybody else for the Government's ineffiency (except in the case of labor sub).
But, I agree that the requests by the original poster should not be a part of IV's letter campaign.
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v7461558
07-17 12:32 AM
Think of it this way, there are already 280M US citizens who didn't take your H1B job for one reason or another, but most likely due to insufficient education or experience in your field.
The additional 500k potential EADs, of course, are a bit different in that their I-140s are approved (this is the scenario we expect to play out on Tuesday afternoon). What this means is that they are also in the pool of people whose job position could not be filled by a US citizen. If they are in your field, they may potentially be competing for your job, and it will indeed be easier for your employer to hire one of them because there is no H1B petition cost or hassle for the employer to go through.
Hiring an H1B is a barrier for your employer. It is there, but it is not particularly high, especially if you are not a new H1B but a renewal. You can just hope that your qualifications bring something on board with the company that is enough to overcome that barrier.
The additional 500k potential EADs, of course, are a bit different in that their I-140s are approved (this is the scenario we expect to play out on Tuesday afternoon). What this means is that they are also in the pool of people whose job position could not be filled by a US citizen. If they are in your field, they may potentially be competing for your job, and it will indeed be easier for your employer to hire one of them because there is no H1B petition cost or hassle for the employer to go through.
Hiring an H1B is a barrier for your employer. It is there, but it is not particularly high, especially if you are not a new H1B but a renewal. You can just hope that your qualifications bring something on board with the company that is enough to overcome that barrier.
gc_on_demand
06-01 11:08 AM
I did my part
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dan19
04-13 12:01 PM
GCard_Dream,
I agree with you. I had also brought to the attention of the moderators about the restraint they need to exercise while closing threads.
Let people discuss about the visa movement dates as long as it doesn't harm/hurt others. Discussing/predicting visa dates is not against the wishes of the larger immigrant community as long as anti-social acts like betting is involved.
I again request the moderators to exercise their power with proper reasoning. If 1000 people wants a thread closed, it is not a proper reason for closing it.
I normally don't post predictions. But I read it sometimes. They will be a few people who post genuine opinions. Their views are sometimes helpful!
Just my thoughts. It's not against anyone.
Well .. there you go. When I predicted few weeks ago that there will be a big jump in the priority dates, some of us came up with big speeches about how that thread was a big waste of time and the thread should be closed. The thread in fact was closed without any explanation. It appears that there has been several occasions where moderators are just closing the threads without any explanation.
http://immigrationvoice.org/forum/showthread.php?t=3820
Here is my suggestion.. don't close the thread just because you can. At least give some explanation as to why any thread was closed. I know there are threads that talk about personal issues faced by members and if that's not acceptable then all threads dealing with personal issues should be closed.
What amazes me is that person closing the thread doesn't even want to mention his/her id. What a shame ..
I agree with you. I had also brought to the attention of the moderators about the restraint they need to exercise while closing threads.
Let people discuss about the visa movement dates as long as it doesn't harm/hurt others. Discussing/predicting visa dates is not against the wishes of the larger immigrant community as long as anti-social acts like betting is involved.
I again request the moderators to exercise their power with proper reasoning. If 1000 people wants a thread closed, it is not a proper reason for closing it.
I normally don't post predictions. But I read it sometimes. They will be a few people who post genuine opinions. Their views are sometimes helpful!
Just my thoughts. It's not against anyone.
Well .. there you go. When I predicted few weeks ago that there will be a big jump in the priority dates, some of us came up with big speeches about how that thread was a big waste of time and the thread should be closed. The thread in fact was closed without any explanation. It appears that there has been several occasions where moderators are just closing the threads without any explanation.
http://immigrationvoice.org/forum/showthread.php?t=3820
Here is my suggestion.. don't close the thread just because you can. At least give some explanation as to why any thread was closed. I know there are threads that talk about personal issues faced by members and if that's not acceptable then all threads dealing with personal issues should be closed.
What amazes me is that person closing the thread doesn't even want to mention his/her id. What a shame ..
more...
delhirocks
07-19 03:52 PM
There you go...If you found this discussion and board useful, please consider contributing.
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
jasguild
07-16 11:09 PM
I hear what you are saying. I am just saying this is a band aid solution.
jasquil
jasquil
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aswin
11-06 01:47 PM
EB2 I : 5-Mar-2005
I haven't posted anything so far...hopefully my predictions comes true :-)
This is a wishful thinking. Since there is a lot of pending cases for March...clearing March logs will take time. We have to expect a baby step unless a miracle happens.
I haven't posted anything so far...hopefully my predictions comes true :-)
This is a wishful thinking. Since there is a lot of pending cases for March...clearing March logs will take time. We have to expect a baby step unless a miracle happens.
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Macaca
09-21 02:00 PM
Don't judge each day by
the harvest you reap, but
by the seeds you plant
Robert Louis Stevenson
This is a nce one though.
Please elaborate all the types of seeds that were planted. Then, elaborate on how the number of these seeds was limited by member participation.
This will answer the original question.
the harvest you reap, but
by the seeds you plant
Robert Louis Stevenson
This is a nce one though.
Please elaborate all the types of seeds that were planted. Then, elaborate on how the number of these seeds was limited by member participation.
This will answer the original question.
more...
nag2007
10-11 04:43 PM
There used to be a time when the ability to apply for I485 even during retrogression. was of the highest priority for IV. Now majority of the IV members (hopefully) belong to post I485 filing group. Now the amount of green cards for employment category, exemptions from quota for family members, US degree holders etc, and country quota may be the higher priority issues if one goes by the numbers.
You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
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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.
more...
mrow
06-19 07:18 PM
Thought I should share my EB-3 (horror) story:
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
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nixstor
08-31 05:29 PM
Forget Polls. Polls are no way going to help any one. If people are complacent that they have filed for 485 and can enjoy the ride they are mistaken. If people are worried that their receipts havent been generated in 60 days, they are unnecessarily worried.
If all the people in the DC area who are affected by this participate along with their families, we have more than 10,000 number. As paskal said, my job my vacation, my manager, my time off, my, my ... my. I am talking with people and I explain them. I get a weird response. What can I do? I filed for my 485. I will get my EAD & AP.
I ask those guys what will you do if the economy tanks in Dec/Jan time frame and you lose your job? All the hard work you have done in your job for the past 6-8 years, your manager and nothing comes to rescue on that day.
Its our choice. Its in our hands. Its in our minds to make a decision to actively participate in the rally.
Call your friends in DC and wake them up. Let them cuss at you. Dont give up. Dont give up
If all the people in the DC area who are affected by this participate along with their families, we have more than 10,000 number. As paskal said, my job my vacation, my manager, my time off, my, my ... my. I am talking with people and I explain them. I get a weird response. What can I do? I filed for my 485. I will get my EAD & AP.
I ask those guys what will you do if the economy tanks in Dec/Jan time frame and you lose your job? All the hard work you have done in your job for the past 6-8 years, your manager and nothing comes to rescue on that day.
Its our choice. Its in our hands. Its in our minds to make a decision to actively participate in the rally.
Call your friends in DC and wake them up. Let them cuss at you. Dont give up. Dont give up
more...
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seratbabu
02-23 09:48 PM
Thank you all for your valuable suggestions... I have compiled the list from your posts and I will ask my attorney as to what all from here can be submitted...
1. marriage certificate
2. wedding photographs
3. wedding card invitation
4. property papers on joint name
5. other investments on joint name might help.
6. Indian passport has spouse's name entered
7. "Lease papers"
8. "Medical insurance papers with name of the spouse"
9. joint tax filed as additional proof.
10. Her H4 stamping etc can be a proof too
I am now trying to come up with a affidavit format that I need to send to some folks in India who attended our wedding and get those too... I will keep you all posted..
Cheers!
1. marriage certificate
2. wedding photographs
3. wedding card invitation
4. property papers on joint name
5. other investments on joint name might help.
6. Indian passport has spouse's name entered
7. "Lease papers"
8. "Medical insurance papers with name of the spouse"
9. joint tax filed as additional proof.
10. Her H4 stamping etc can be a proof too
I am now trying to come up with a affidavit format that I need to send to some folks in India who attended our wedding and get those too... I will keep you all posted..
Cheers!
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swamy
04-03 02:21 PM
Pappu,
I really thank IV for the support extended so far. I am praying to god and hoping that this matter is resovled else this will seriously affect my small family of me, my wife and my one year old for absolutely no fault of ours.
I am also working with the law firm and they are trying to reach out to USCIS to try to rectify this grave mistake.
The only thing that really worries me is that in the withdrawl notice from USCIS it says
"'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'"
I will keep the forum updated on any developments
"'As a result of your request" - the fact that you didn't request it negates the basis for their action - so i think you will be fine
I really thank IV for the support extended so far. I am praying to god and hoping that this matter is resovled else this will seriously affect my small family of me, my wife and my one year old for absolutely no fault of ours.
I am also working with the law firm and they are trying to reach out to USCIS to try to rectify this grave mistake.
The only thing that really worries me is that in the withdrawl notice from USCIS it says
"'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'"
I will keep the forum updated on any developments
"'As a result of your request" - the fact that you didn't request it negates the basis for their action - so i think you will be fine
more...
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buddyinus
08-01 12:53 PM
Everybody is checking LUDs on their approved 140s. What doz this mean? And how do I check it? Pls send me step by step information...Thanks
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smurugan
12-20 06:57 PM
As per my understanding, The job duties should match your LC(Though position might be slightly different.), make sure that your Job Duties are Similar
The employer does not share the LC approval with the employees. How do we find the job description filed in the LC?? Any inputs??
The employer does not share the LC approval with the employees. How do we find the job description filed in the LC?? Any inputs??
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Green06
09-19 12:39 PM
I think initially due to rush the NSC sent apps to CSC because either the person's residence was in CA or Lawyer, In my case my lawyer is based in LA, CA. But now CSC is trasferring back the 485 apps to NSC where the 140 is being filled (or may be there is some other criteria). I am waiting for the EAD and AP approvals and FP notice.
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logiclife
12-28 02:38 PM
Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
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godspeed
02-19 02:26 PM
Not if you have signed G-28 form while applying I-485, G-28 lets your Lawyer represent you in these matters, so the rfe goes to the attorney even if you had received the receipts.
@ Seratbabu,
According to my lawyer, I-485 is applied by the applicant directly & not by company or lawyer. So, if you have received the I-485 receipts to your own address, then you will received RFE to your home address.
@ Seratbabu,
According to my lawyer, I-485 is applied by the applicant directly & not by company or lawyer. So, if you have received the I-485 receipts to your own address, then you will received RFE to your home address.
kevinkris
12-03 06:10 PM
Hi Guys,
Applied 485 on Aug 15th got our FP notices friday scheduled on Dec 20th
Thanks,
Kris
Applied 485 on Aug 15th got our FP notices friday scheduled on Dec 20th
Thanks,
Kris
wandmaker
04-21 01:46 PM
I understand that ... but I have seen the diploma accepted and the 2+3 accepted but of course nothing accepted by an adjudicator (or several) is binding. It is a tricky case. In a case like this EB3 skilled worker with 3 years of experience is always the best route to go and then once approved they can try for EB2.
The OP filed 140 as EB3 - USCIS has denied the 140 stating that the Diploma is not equivalent to US Bachelors Degree.
The only thing I see in the education is that s/he studied for 16 years, which does not provide privilege of claiming that his/her study is equivalent to US Bachelors. To be precise, 10 (School) + 2 (School) + 1 (First Year of B.Com) + 3 (XYZ Diploma) - The final certificate awarded is a DIPLOMA so OPs' education is not even equivalent to Indian B.Sc/B.Com.
In my opinion, s/he has to start from scratch and word the labor properly. Meanwhile, filing MTR / appeal can help - if one is in the last year of 6 year limit.
The OP filed 140 as EB3 - USCIS has denied the 140 stating that the Diploma is not equivalent to US Bachelors Degree.
The only thing I see in the education is that s/he studied for 16 years, which does not provide privilege of claiming that his/her study is equivalent to US Bachelors. To be precise, 10 (School) + 2 (School) + 1 (First Year of B.Com) + 3 (XYZ Diploma) - The final certificate awarded is a DIPLOMA so OPs' education is not even equivalent to Indian B.Sc/B.Com.
In my opinion, s/he has to start from scratch and word the labor properly. Meanwhile, filing MTR / appeal can help - if one is in the last year of 6 year limit.
