485Mbe4001
06-13 02:24 PM
We had a discussion with our company lawyers about this. We wanted to know if it was possible to file for EB2 after a promotion. They told us the following and said we cannot change (dont know if its bs, you talk to your lawyer.)
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
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virald
10-04 10:45 AM
Recieved EAD card and approved AP documents last month, still waiting for approval notices for both... is it normal or a problem.
Approved document and EAD card is approval notice.
Approved document and EAD card is approval notice.
bkam
04-14 09:01 AM
Berkeleybee,
Discussing the way the immigrants are treated in this country is a very constructive conversation. Discussing the way of getting out of this situation is also a very constructive conversation.
Although I appreciate your (the core team) efforts and support them, we are still light years away from a quick and effective solution of the backlog and retrogression problems. All - government, Senate, Congress, Immigration service, big business etc do not care at all about the legal immigrants (better not use another popular expression :-). Do you need a prove for that !? And do you know why is that ? - because nobody "votes with the feet" and there is a permanent flow of "dreamers" hoping to get a GC. The big business is interested in guest workers, not in quick resolution of the GC problem - idiots like us cost less, do not dear to demand rights and are quiet and patient people who could bear a lot. And do not forget that the big business pulls the strings of the politicians.
Bottom line - the lack of negative feedback (voting with the feet for example) contributed to the current mess in the Immigration.
You should have access to my email address - call me and I will give you some helpful information.
Discussing the way the immigrants are treated in this country is a very constructive conversation. Discussing the way of getting out of this situation is also a very constructive conversation.
Although I appreciate your (the core team) efforts and support them, we are still light years away from a quick and effective solution of the backlog and retrogression problems. All - government, Senate, Congress, Immigration service, big business etc do not care at all about the legal immigrants (better not use another popular expression :-). Do you need a prove for that !? And do you know why is that ? - because nobody "votes with the feet" and there is a permanent flow of "dreamers" hoping to get a GC. The big business is interested in guest workers, not in quick resolution of the GC problem - idiots like us cost less, do not dear to demand rights and are quiet and patient people who could bear a lot. And do not forget that the big business pulls the strings of the politicians.
Bottom line - the lack of negative feedback (voting with the feet for example) contributed to the current mess in the Immigration.
You should have access to my email address - call me and I will give you some helpful information.
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jonty_11
07-19 05:47 PM
since this thread starts with Lofgren.....she seems to be a good soul for IV core to contact and get our woes heard....I am sure IV core was involved in discussions with her team during the VB fiasco....so she should be aware..of our issues
more...
gcnirvana
12-05 04:35 PM
Are you planning to get it stamped when you are outside US?
I just talked to my attorney and he says that the US Embassy will club both the 797 dates and give you a combined visa. I still would like to confirm it with other sources as it sounds too good to be true.
I-94 on current I797 expires 4/30/2007
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
I just talked to my attorney and he says that the US Embassy will club both the 797 dates and give you a combined visa. I still would like to confirm it with other sources as it sounds too good to be true.
I-94 on current I797 expires 4/30/2007
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
Dipika
05-09 02:23 PM
Does any one know how mant days it takes to get denail notive .I-140 denied on April 22 and says notice mailed but didnt recieve yet .Both emploter and attorney havent recieved any thing yet .Is this Normal ?
You should call USCIS to let them know that your notice is still not reached to you, so incase if it's stuck on the way, they could send another copy.
You should call USCIS to let them know that your notice is still not reached to you, so incase if it's stuck on the way, they could send another copy.
more...
gc28262
01-09 05:05 PM
http://img72.imageshack.us/img72/9932/dlnewmf5.jpg (http://www.imagehosting.com/)
AND THE OLD:
https://www.texasonline.state.tx.us/images/apps/txdps/drc/example_dl2.jpg
It is highly discriminatory. However looks like it lets you drive till 2014.
AND THE OLD:
https://www.texasonline.state.tx.us/images/apps/txdps/drc/example_dl2.jpg
It is highly discriminatory. However looks like it lets you drive till 2014.
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cygent
07-28 02:08 PM
mean NOTHING.
of course NOT! It's still stuck on April 16th.
The dates are a joke.
Seems like they are just a diversion. to keep our minds occupied so we don't bother them with the real issue at hand. I can only say that whoever devised this system is a genius, albeit an wicked one.
of course NOT! It's still stuck on April 16th.
The dates are a joke.
Seems like they are just a diversion. to keep our minds occupied so we don't bother them with the real issue at hand. I can only say that whoever devised this system is a genius, albeit an wicked one.
more...
Googler
02-08 03:47 PM
Check this (http://www.immigrationportal.com/showthread.php?t=240431)out. No need to look at the bulletin for the next 6 months.:mad:
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sirimalli
08-21 03:08 PM
applied on 29th june
reached on 2nd july TX.
our checks got cleared on 15th AUG.
on 17th our i-765(EAD)-status changed to card production ordered.
but we are waiting of our receipt and FP notice
reached on 2nd july TX.
our checks got cleared on 15th AUG.
on 17th our i-765(EAD)-status changed to card production ordered.
but we are waiting of our receipt and FP notice
more...
uma001
06-18 04:01 PM
Uma001, My labor mentions Bachelors plus 5 yrs of exp., I am not Masters. 60 months exp. is written on my Labor and so thats what the RFE is about.
Any thoughts ?
Optimist/Desitechie/Frostrated, Your comments are much appreciated. Thanks
So that means you have 4 more years of additional exp before PERM filing. But USCIS did not ask for those letters.
Any thoughts ?
Optimist/Desitechie/Frostrated, Your comments are much appreciated. Thanks
So that means you have 4 more years of additional exp before PERM filing. But USCIS did not ask for those letters.
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augustus
10-03 11:22 AM
Please help me. There is no LUD on my status online. I had my finger printing done on sept 19. CODE 3. For both my husband and me!! I don't see any updates on the status online. Can someone tell me what I should do? FBI says they sent the prints the same day!!!!
Am I stuck in Name check already?? How do you know this?????
I called customer care USCIS, they say they don't have information regarding finger prints and you don't see updates regarding fingerprinting online. Is this true?
PLEASE HELP. YOUR ADVICE WILL BE VALUABLE TO ME IMMENSELY
Am I stuck in Name check already?? How do you know this?????
I called customer care USCIS, they say they don't have information regarding finger prints and you don't see updates regarding fingerprinting online. Is this true?
PLEASE HELP. YOUR ADVICE WILL BE VALUABLE TO ME IMMENSELY
more...
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genscn
01-24 04:46 PM
Also, If they have really mentioned INS, I bet they don't even know what AOS or pending I-485 is, because agency INS is no longer there but your wife's international office officials mind is still stuck in 2002.
I need urgent advice from you. As you know my wife is on F1 visa and completed most of her credit hours needed by school. She has get only 1 credit hr to complete the course. However, that�s below 9 hr full time student status. She has been asked to register for additional 8 hrs..and pay tuition fee accordingly ( > 8K). Which I think is unreasonable. They told her that if she doesn�t register by tomorrow they have to report it to INS. She told them that she has EAD..there answer doesn�t matter in order to remain in school and F1 visa she has to register.
My questions is:
1) Can she continue working on her Thesis on her EAD and AP ?
2) What will happen to her f1 if she use EAD
In response to these questions my Lawyer said
1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.
2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.
What do pro�s think..:)
I need urgent advice from you. As you know my wife is on F1 visa and completed most of her credit hours needed by school. She has get only 1 credit hr to complete the course. However, that�s below 9 hr full time student status. She has been asked to register for additional 8 hrs..and pay tuition fee accordingly ( > 8K). Which I think is unreasonable. They told her that if she doesn�t register by tomorrow they have to report it to INS. She told them that she has EAD..there answer doesn�t matter in order to remain in school and F1 visa she has to register.
My questions is:
1) Can she continue working on her Thesis on her EAD and AP ?
2) What will happen to her f1 if she use EAD
In response to these questions my Lawyer said
1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.
2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.
What do pro�s think..:)
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nowhereman
01-31 12:13 AM
I would say Canada because British Columbia has a much higher standard of living than Boston. Canada is generally a much better place for raising kids and the stress levels are lower because of freebies like health care etc. BC also has a much better weather compared to Boston.
The other reason is that you could always come to the USA from Canada later but if you lose the Canadian PR now and don't manage to get a green card in the US, you lose everything.
Thanks for the reply isedkeem, and best wishes for your GC journey.
Just throwing some thoughts out: I've seen many rant about the dismal employment situation, unaffordable housing, and high taxes in Canada compared to the United States. Can anyone share their thoughts or experiences on this?
The other reason is that you could always come to the USA from Canada later but if you lose the Canadian PR now and don't manage to get a green card in the US, you lose everything.
Thanks for the reply isedkeem, and best wishes for your GC journey.
Just throwing some thoughts out: I've seen many rant about the dismal employment situation, unaffordable housing, and high taxes in Canada compared to the United States. Can anyone share their thoughts or experiences on this?
more...
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transpass
09-22 02:30 PM
With current situation in economy, I don't think our HR 5882 will be in the mark uplist. US govt has bigger problems than spending time for "recapture EB visas". I have no hope of recapture bill will be discussed near future. Sorry for my pesimistic views
As much as I am disheartened with current situation regarding EB visas, I am more disheartened by this give up attitude...
For all folks who do not act because of pessimistic views, please don't take this personally. Having pessimistic views are ok as long as they don't get you down so much so that you stop taking actions.
Lemme tell you something my friends. I came to US in 94, and for reasons mentioned in my other postings, I am still in the waiting line for the GC...Compared to me (and may be a few others), most of you guys' situation is much better in terms of the wait. But even though I am disheartened, I never lost hope and the only thing that keeps me going is trying...I may bend, but I will never break...
If you give up for something like GC, imagine how it will when you encounter bigger problems in life...My advice to you my friends is keep trying as long as there is a chance, and as long as there is nothing to lose...
As much as I am disheartened with current situation regarding EB visas, I am more disheartened by this give up attitude...
For all folks who do not act because of pessimistic views, please don't take this personally. Having pessimistic views are ok as long as they don't get you down so much so that you stop taking actions.
Lemme tell you something my friends. I came to US in 94, and for reasons mentioned in my other postings, I am still in the waiting line for the GC...Compared to me (and may be a few others), most of you guys' situation is much better in terms of the wait. But even though I am disheartened, I never lost hope and the only thing that keeps me going is trying...I may bend, but I will never break...
If you give up for something like GC, imagine how it will when you encounter bigger problems in life...My advice to you my friends is keep trying as long as there is a chance, and as long as there is nothing to lose...
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InTheMoment
07-11 05:36 PM
It is perfectly legal. Before throwing out ignorant allegations like "skirting the law" and all that, do your homework first. I am sure I did mine thoroughly well!
> Went thro' a trained certified tax agent and confirmed thro' IRS directly.
> Made sure substantial presence test is passed and made sure foreign
income level of dependents is below that set by IRS.
> Sent visa and pp copies of dependents as well as airline tickets (as proof
of presence) alongwith the form W-7 for requesting ITIN's along with tax
returns.
> Used dependent deductions for two FY's returns successfully and all the
more --> legally.
> Went thro' a trained certified tax agent and confirmed thro' IRS directly.
> Made sure substantial presence test is passed and made sure foreign
income level of dependents is below that set by IRS.
> Sent visa and pp copies of dependents as well as airline tickets (as proof
of presence) alongwith the form W-7 for requesting ITIN's along with tax
returns.
> Used dependent deductions for two FY's returns successfully and all the
more --> legally.
more...
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snathan
02-15 11:26 AM
I came to know about it On 12 Feb. I am not sure what it is?
I am expecting common RFE? or let me know what your thoughts.
Thanks
They might want to know if you are maintaining your status. for that they might ask the latest pay stub. It happened to me. Once I sent my pay stubs, it was approved. If you dont have the paystub, then you are in trouble.
Wait and see whats it for.
I am expecting common RFE? or let me know what your thoughts.
Thanks
They might want to know if you are maintaining your status. for that they might ask the latest pay stub. It happened to me. Once I sent my pay stubs, it was approved. If you dont have the paystub, then you are in trouble.
Wait and see whats it for.
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kode
12-30 10:06 AM
hmmm .. let me see ... ok ok
soul .. you've got my vote
soul .. you've got my vote
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saisiv
10-03 12:12 PM
I also did FP on Sep 20th and so far there is no update on LUD...
eagerr2i
07-01 06:05 PM
I am working with the Radio Station to get the CD of the recording. I will make it available to the site admin to have it posted on this site as soon as it is available.
vvr_rao
09-01 11:21 AM
You can contact your local Senator's office. They proved very helpful in my case. (I got my EAD within a week of contacting them)
One thing I noticed was that when I contacted them about my EAD renewal delay, they also followed up on my pending GC app. and sent me a letter saying that the date wasn't current. I guess in your case they might prod USCIS to process your GC quicker...
...anyway... best of luck with both apps. Hope you get them soon
One thing I noticed was that when I contacted them about my EAD renewal delay, they also followed up on my pending GC app. and sent me a letter saying that the date wasn't current. I guess in your case they might prod USCIS to process your GC quicker...
...anyway... best of luck with both apps. Hope you get them soon
