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billu
08-24 10:28 PM
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.
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bestia
08-31 03:55 PM
Good Find
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
eb3_nepa
06-05 12:54 PM
(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
I had asked TWO different lawyers and they were BOTH 100% sure that to use the AC-21 you needed an APPROVED I-140 not an approvable I-140.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
I had asked TWO different lawyers and they were BOTH 100% sure that to use the AC-21 you needed an APPROVED I-140 not an approvable I-140.
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pappu
05-31 11:41 AM
I'm not sure how voting on this site is going to improve the chances of this bill. It is simply an application site 2 companies have created. It does not do us any good by voting on such site. It is like voting on petitiononline site annonymously. Pls help me understand the benefits if I am incorrect in understanding this site.
As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.
As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.
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dagrawal
12-14 03:06 PM
I got my 2 year EAD in about 60 days (filed on first week of Oct 2010).
Thanks
Deepak
Thanks
Deepak
pappu
12-31 01:30 PM
This thread seems to express my thoughts.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
Try Senator/congressman + Ombudsman inquiry now. If you do not get a response or nothing happens, contact me. Let us see what we can do for people who are current since a long time.
I used to wait till my dates got current. With my dates being current since November, I still wait with no sign of improvement.
I tried calling the 1-800 number. But, did not get any useful information.
Took an Infopass appointment couple of weeks back. But, it was of no use.
The officer at the local office read the same status that I see online.
She said that my case was transfered to Texas center. (I knew this since October 2007). Only additional information she gave me was that my namecheck got clreared. (Though this is important, I dont think this really matters to get my case processed).
I told her that I have been waiting since years and some of friends who filed later than me already got their GCs, she felt sorry for me but she said there is nothing she can do for me. Not even a Service Request since my dates are within the processing times.
Its getting difficult for me......Also, in this economy its getting tough everyday to hold on to the job. Who knows may be this year quota might be over too. It will definitely be a big relief if we get the GC.
I thought there is nothing I can do now till my dates goes outside the processing times. Please advice.
Good Luck to everyone.
Try Senator/congressman + Ombudsman inquiry now. If you do not get a response or nothing happens, contact me. Let us see what we can do for people who are current since a long time.
more...
bkarnik
04-12 11:27 AM
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
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leo2606
08-07 11:59 PM
I would suggest to marry a girl who is in USA with EB3-I 2007 or later PD, that way your marriage problem will be solved and you are helping a poor sole.
Just kidding man... don't make me communist by giving REDs. :)
Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
Just kidding man... don't make me communist by giving REDs. :)
Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
more...
pooja_34
12-21 09:08 AM
This is ridiculous - We really need a movement to fix the Indian Consulates. It sucks to be born in a country with 1 billion people. Long lines and struggle for everything :)
I sent in my passport renewal on Aug 1st, no update as of now. Sent them e-mails no response. Shame on you CGNY.
I sent in my passport renewal on Aug 1st, no update as of now. Sent them e-mails no response. Shame on you CGNY.
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willwin
06-12 11:02 AM
Can we have some update at 11 AM ?
Looks like they are talking about unemployment now ....
I guess it is 11 am EST, correct?
Looks like they are talking about unemployment now ....
I guess it is 11 am EST, correct?
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indianabacklog
07-14 02:25 PM
The dream act is an awesome legislation, my dad was one who sent his application for I-485 and it was received on the 2nd of july. However, due to the July visa fiasco he is stuck like the rest of you guys. My point is rather that I aged out in June 2007 and could not be added with my family, for the month of July. I would receive benefits because this would put me out of status as well...also children of illegals are still children. They are not illegal because they did not choose the right to come here but came without any knowledge. So Please everyone take your time to call your respective senators and email them. You can find the names and numbers of your respective senators on the link below...
http://capwiz.com/aila2/callalert/index.tt?alertid=10001091
You are only out of status if you have not applied for an alternative visa category, F1 probably.
There are various versions of the DREAM act and the most recent one in particular you had to be able to show you did not any legal visa status for being in the US to benefit from it. Majority of children who age out move onto F1 visas which means they have LEGAL status so would NOT benefit.
Much depends on what version of the act is being put forward.
http://capwiz.com/aila2/callalert/index.tt?alertid=10001091
You are only out of status if you have not applied for an alternative visa category, F1 probably.
There are various versions of the DREAM act and the most recent one in particular you had to be able to show you did not any legal visa status for being in the US to benefit from it. Majority of children who age out move onto F1 visas which means they have LEGAL status so would NOT benefit.
Much depends on what version of the act is being put forward.
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hebron
08-20 10:17 PM
I am not with them anymore, I transfered my H1 to another company already. i just need to find out the way how to file a complaint and proceed further.
That's good to know that you transferred your H1-B.
As people already suggested there are very slim chances you can do anything about this, since labor and I-140 belongs the the employer. So if you can prove with written statements from your employer that he will sponsor your GC and if can prove that have incurred monetary loss, you might be able to get something out of this.
On a side note, You may want to see if there is any other options to bring him down, such as if you were on H1-B and if your employer did not pay you the salary he promised. This definitely will put him on the black list and he cannot hire anybody else on H1-B. All the best!
That's good to know that you transferred your H1-B.
As people already suggested there are very slim chances you can do anything about this, since labor and I-140 belongs the the employer. So if you can prove with written statements from your employer that he will sponsor your GC and if can prove that have incurred monetary loss, you might be able to get something out of this.
On a side note, You may want to see if there is any other options to bring him down, such as if you were on H1-B and if your employer did not pay you the salary he promised. This definitely will put him on the black list and he cannot hire anybody else on H1-B. All the best!
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oliTwist
02-14 11:47 AM
Is it a people manager or product manager category? Any idea what documents do you need for EB1?
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abhijitp
07-08 01:05 AM
http://youtube.com/watch?v=qP79UslTUr8
Please take a moment to view it, and post your comments. Should we not try to make this one of the most watched videos?
Please take a moment to view it, and post your comments. Should we not try to make this one of the most watched videos?
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stuckinretro
02-17 05:43 PM
Mine is a CSC to NSC xfer case. FP done in Jan'08 Received HLUD on 02/09 and SLUd on 02/10 for me and my family's 485s. Nothing after that.
HLUD was
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office.
HLUD was
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office.
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Better_Days
04-09 04:26 PM
...
You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.
This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.
...
The human being is like a tiny and replacable cog in the system.
...
Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess....
...
Sorry, seeing this week's H1B brings out the pessimist in me.
Damn, man it feels like you are reading my mind.
Irrespective of the immigration impact and its direct effect on me, I have tried analyzing the situation at the macro level and I end up at the same conclusion.
Health care, immigration, social security insolvency etc. no one cares about anything. Companies want to bring skilled labor in and it is being decided by a lottery!! I mean give me a God damn break. In the supposedly knowledge-driven economy, skilled workers are being selected by a lottery!
Medical emergencies are the leading cause of bankruptcy and there is just talk on the issue, no action.
Farms are shutting down and moving operations to Mexico. So now the oil will come from Middle East, manufactured goods from China and food from Mexico. And people are Ok with that because "companies just need to pay higher wages to *American* workers" So on top of $ 4 /gallon gas, we will be paying $ 8 for tomatoes.
There are not the marks of a prospering or forward-looking nation. May be I am becoming cynical as I grow older and may be things are no better in other countries like Canada, UK etc. But sometimes I feel as if I am watching a bad comedy show in slow motion. I question myself if my son, a US citizen by birth, will end up growing in a 2nd world country.
You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.
This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.
...
The human being is like a tiny and replacable cog in the system.
...
Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess....
...
Sorry, seeing this week's H1B brings out the pessimist in me.
Damn, man it feels like you are reading my mind.
Irrespective of the immigration impact and its direct effect on me, I have tried analyzing the situation at the macro level and I end up at the same conclusion.
Health care, immigration, social security insolvency etc. no one cares about anything. Companies want to bring skilled labor in and it is being decided by a lottery!! I mean give me a God damn break. In the supposedly knowledge-driven economy, skilled workers are being selected by a lottery!
Medical emergencies are the leading cause of bankruptcy and there is just talk on the issue, no action.
Farms are shutting down and moving operations to Mexico. So now the oil will come from Middle East, manufactured goods from China and food from Mexico. And people are Ok with that because "companies just need to pay higher wages to *American* workers" So on top of $ 4 /gallon gas, we will be paying $ 8 for tomatoes.
There are not the marks of a prospering or forward-looking nation. May be I am becoming cynical as I grow older and may be things are no better in other countries like Canada, UK etc. But sometimes I feel as if I am watching a bad comedy show in slow motion. I question myself if my son, a US citizen by birth, will end up growing in a 2nd world country.
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Brightsider
05-31 04:12 PM
Pappu,
I am sure your point is very valid.
At this juncture we are grasping at straws. Here is one more of them.
I am sure your point is very valid.
At this juncture we are grasping at straws. Here is one more of them.
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Michael chertoff
11-11 09:50 AM
The following is my prediction....
Employment- Based
All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01DEC06 22MAY06 C C
3rd 01APR05 01DEC03 01FEB02 01MAY01 22JAN05
Dear tselva,
why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.
i dont have any hope in December bulletin, waiting for next year.
Anyways, I hope all of us should get out of this mess ASAP.
Thanks
MC
Employment- Based
All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01DEC06 22MAY06 C C
3rd 01APR05 01DEC03 01FEB02 01MAY01 22JAN05
Dear tselva,
why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.
i dont have any hope in December bulletin, waiting for next year.
Anyways, I hope all of us should get out of this mess ASAP.
Thanks
MC
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kalia
07-04 04:35 PM
Medical: $ 400.00
Lawyer: $3,000.00
Fedex: $ 100.00
Documents: $ 20.00
===================
TOTAL: $3,520.00 APR.
Tension that I have gone through on Friday, Saturday and Sunday: Can't estimate the cost
Frustration that I am going through since Monday Morning: Can't estimate the cost.
Please note that I am not counting any cost for taking the time off from work, spending time on collecting documents, phone call made to my parents in india. I am not even thinking the opportunity cost.
My parents had spent time and money going to the different agencies to get the affidavit and then sending it to me via courier. My parents had cancel their program so that their son and Daoughter in law and son in law and Daughter can get the paper quickly and can send the papers to USCIS.
Lawyer: $3,000.00
Fedex: $ 100.00
Documents: $ 20.00
===================
TOTAL: $3,520.00 APR.
Tension that I have gone through on Friday, Saturday and Sunday: Can't estimate the cost
Frustration that I am going through since Monday Morning: Can't estimate the cost.
Please note that I am not counting any cost for taking the time off from work, spending time on collecting documents, phone call made to my parents in india. I am not even thinking the opportunity cost.
My parents had spent time and money going to the different agencies to get the affidavit and then sending it to me via courier. My parents had cancel their program so that their son and Daoughter in law and son in law and Daughter can get the paper quickly and can send the papers to USCIS.
arrarrgee
07-06 05:05 PM
As if being a FT employee is a virtue :rolleyes: ...dude you gotta move ur crap somewher else
If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee
If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee
MightyIndian
11-29 11:41 AM
Details in my signature.
