amsgc
01-23 12:08 AM
The objective of the employment based preference system is to give certain professionals, who are ostensibly more useful to the country, a better shot at the Green card than others. So in the long run, EB2 is a better bet than EB3.
However, given the current situation, it really doesn't matter - if you are born in India, you are in for a long wait in either category.
Your best bet is to first educate yourself about the process, discuss with peers, friends and employers, about the endless wait, and then work with them to bringing about a change in govt. policy and possibly some change in the law.
Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.
So of the two tortoises EB3 might move faster than EB2.
Any comments ?
However, given the current situation, it really doesn't matter - if you are born in India, you are in for a long wait in either category.
Your best bet is to first educate yourself about the process, discuss with peers, friends and employers, about the endless wait, and then work with them to bringing about a change in govt. policy and possibly some change in the law.
Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.
So of the two tortoises EB3 might move faster than EB2.
Any comments ?
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mrow
07-07 10:21 PM
My thoughts:
My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.
You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.
My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.
You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.
sparky_jones
03-15 03:29 PM
Hi attorneys/seniors,
Getting confused about the online status.
Today morning my employer got mail from VSC saying that their received date is 03/12/2010
Status check online by 10:30 AM(03/15/2010)
Status:Initial Review
Date received shown:03/12/2010
Status check online by 1:00 PM(03/15/2010)
Status:Acceptance
Date received shown:03/15/2010
Status went back from Inital review to Acceptance and date also changed from 03/12/2010 to 03/15/2010.
Got confused.
How it works normally?
Online case status can be confusing and sometimes incorrect. Your employer has paid for premium processing, which entitles them to contact USCIS through dedicated premium processing channels. They respond very quickly on these channels. Urge your employer to contact them, if there are any doubts about the status.
Getting confused about the online status.
Today morning my employer got mail from VSC saying that their received date is 03/12/2010
Status check online by 10:30 AM(03/15/2010)
Status:Initial Review
Date received shown:03/12/2010
Status check online by 1:00 PM(03/15/2010)
Status:Acceptance
Date received shown:03/15/2010
Status went back from Inital review to Acceptance and date also changed from 03/12/2010 to 03/15/2010.
Got confused.
How it works normally?
Online case status can be confusing and sometimes incorrect. Your employer has paid for premium processing, which entitles them to contact USCIS through dedicated premium processing channels. They respond very quickly on these channels. Urge your employer to contact them, if there are any doubts about the status.
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jonty_11
12-13 11:06 AM
That is provided the dems are in pursuit of CIR.
Pelosi never even talked abt CIR for her agenda 100 day or otherwise.....
Pelosi never even talked abt CIR for her agenda 100 day or otherwise.....
more...
Better_Days
03-04 02:44 AM
Hi All,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
priderock
05-15 02:13 PM
Thank you, priderock!!!
You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.
But you need a valid visa stamp to re-enter.
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.
But you need a valid visa stamp to re-enter.
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
more...
sk.aggarwal
07-23 10:45 AM
Moonrah,
I am in exact same situation as you. My 5 yrs on H1 are completing on December 2009 and have around 4 months outside US. We are expecting lay offs in a month or two, I am planning to wait it out and use this time to prepare for the interviews. I reached out to couple of consultants to do my GC as future employee but could not find any one. If anyone knows of someone who can help me please suggest.
Thanks
I am in exact same situation as you. My 5 yrs on H1 are completing on December 2009 and have around 4 months outside US. We are expecting lay offs in a month or two, I am planning to wait it out and use this time to prepare for the interviews. I reached out to couple of consultants to do my GC as future employee but could not find any one. If anyone knows of someone who can help me please suggest.
Thanks
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mdipi0
11-17 09:56 PM
ok,,,this is mine. but...i never signed up. i know i didnt....weird.
more...
gcdreamer05
11-19 10:51 AM
I think USPS does not forward mails when the mail says "return service requested" .
Yes USPS will not forward the mails from USCIS. Please ask usps before you start relying on this.
Yes USPS will not forward the mails from USCIS. Please ask usps before you start relying on this.
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pwright
09-20 12:51 PM
Hi all,
I have been stuck in the name-check nightmare for almost 2 years now and looking to join a class-action with other people. Can anybody direct me??
Thanks
I have been stuck in the name-check nightmare for almost 2 years now and looking to join a class-action with other people. Can anybody direct me??
Thanks
more...
northstar1
07-26 02:25 PM
My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
yeah but the question is - assuming your PD becomes current and a visa number is available, will your i-485 be skipped over due to this new successor in interest i-140 pending approval, or is it simply looked at as supporting evidence, since you had a prior approved i-140, and the i-485 is therefore adjudicated.
What i'm trying to figure out is how the successor in interest i-140's are processed.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
yeah but the question is - assuming your PD becomes current and a visa number is available, will your i-485 be skipped over due to this new successor in interest i-140 pending approval, or is it simply looked at as supporting evidence, since you had a prior approved i-140, and the i-485 is therefore adjudicated.
What i'm trying to figure out is how the successor in interest i-140's are processed.
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h1bdude1
03-23 03:53 PM
one more question Plz. Sorry for bugging.
I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back) of the Previous EAD.
thanks
h1bdude1
I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.
A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.
USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.
Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.
I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back) of the Previous EAD.
thanks
h1bdude1
I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.
A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.
USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.
Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.
more...
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prian14
03-04 05:02 PM
Is there anything i can do on H4 visa??
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karan2004m
01-05 05:38 PM
I am not an expert but i can tell u confidently that he can get a jail term for sure with these wordings... this is totally illegal and is just to scare you so that you should not leave the firm..
more...
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veni001
07-09 01:46 PM
Remember not all job classification qualify for EB2, especially software related, check O*Net and then in this economy employer need to test the market and prove that he couldn't find a qualified american worker! Unless it's specialized skill i don't think it's easy!
If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.
If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.
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EB3_SEP04
08-24 01:25 AM
You are not the only one to get that message. Info pass appointments are tough to get now. Check during odd hours. I finally found one after hours. ASC's are NOT the same as Field offices. Also Some Field offices require you to show the corresponding state drivers license.
Since my current EAD is expiring Sep 10th, I'm planning to go to the local USCIS office for an interim EAD in first week of Sep.
What is the procedure, do i need to take infopass or any other apoointment or just walk in with papers ?
It's not yet been 90 days since i filed, but i still want to give it a shot. I plan to take a letter from my employer saying without interim EAD (without me being able to work) company would face a setback in a critical phase of project.
I also plan to use such a letter in support of an expedite request.
Gurus please advice:
- How soon should I fax expedite request?
- How soon/late should i go to local USCIS office for interim EAD?
- Could one interfere the other?
Thanks!
Since my current EAD is expiring Sep 10th, I'm planning to go to the local USCIS office for an interim EAD in first week of Sep.
What is the procedure, do i need to take infopass or any other apoointment or just walk in with papers ?
It's not yet been 90 days since i filed, but i still want to give it a shot. I plan to take a letter from my employer saying without interim EAD (without me being able to work) company would face a setback in a critical phase of project.
I also plan to use such a letter in support of an expedite request.
Gurus please advice:
- How soon should I fax expedite request?
- How soon/late should i go to local USCIS office for interim EAD?
- Could one interfere the other?
Thanks!
more...
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wandmaker
07-19 05:09 PM
Receipt Number: eAC02080xxxx
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case Transfered to Another Office for Processing
Based on your receipt number, you have applied for adjustment of status on 80th working day of fiscal year 2002. Sorry to hear that you case still pending. You are concerned now and wokeup from sleep after 2 years, 10 months, 12 days. If you are (1) employment based, post your country of chargability, labor priority date and date your file I485 - some souls can take a educated guess. (2) family based I485, this forum is not for you - your only options is to call USCIS
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case Transfered to Another Office for Processing
Based on your receipt number, you have applied for adjustment of status on 80th working day of fiscal year 2002. Sorry to hear that you case still pending. You are concerned now and wokeup from sleep after 2 years, 10 months, 12 days. If you are (1) employment based, post your country of chargability, labor priority date and date your file I485 - some souls can take a educated guess. (2) family based I485, this forum is not for you - your only options is to call USCIS
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rajenk
09-16 04:48 PM
USCIS is doing this to me the second time. They did the same with my EB3 I-140 and now with my EB2 I-140! I am really upset about the way this lazy NSC is handling I-140s.
My EB2 I-140 was filed with premium processing on 9/2/2010. Today is 09/16 already and there are no hopes of my case getting touched or approved in 1 day! How do I know, because there are no LUDs since 09/03 (when the premium processing receipt issued).
Same thing happened with my EB3 case when I requested for premium processing (at NSC) they gave back the premium fee and said they cannot complete the case with in 15 days! So why are they even having this premium service to fool around....
Is there any thing that I could do about this?
Thanks,
Raj:(
Check my next post on this thread. My I-140 got approved without any LUD changes! Came to know approval from attorney's office!
My EB2 I-140 was filed with premium processing on 9/2/2010. Today is 09/16 already and there are no hopes of my case getting touched or approved in 1 day! How do I know, because there are no LUDs since 09/03 (when the premium processing receipt issued).
Same thing happened with my EB3 case when I requested for premium processing (at NSC) they gave back the premium fee and said they cannot complete the case with in 15 days! So why are they even having this premium service to fool around....
Is there any thing that I could do about this?
Thanks,
Raj:(
Check my next post on this thread. My I-140 got approved without any LUD changes! Came to know approval from attorney's office!
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guitarzen
09-13 10:13 AM
still waiting for a reviews!
masterji
10-17 10:06 PM
Can you enter in AP and continue as H1B?
meridiani.planum
11-04 02:41 AM
inline...
I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.
1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
yes. Since your job profile seems to meet EB2 requirements and you qualify, you can file under EB2. She will be a dependent in this case, her qualifications dont really matter, the petition is based on your job and qualifications.
2.)Would she need to be physically here in USA for filing i 485.
for filing an adjustment of status, which is what you typically want, yes.
3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
no. a GC through marriage is conditional, yours is through employment, so its not.
4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
always possible, its the law, its not upto the discretion of the USCIS
5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.
no. Yours is an EB(employment based) case, you are confusing this with getting a GC through marriage to a US citizen. In that scenario people face a rigorous and indeed sometimes humiliating experience simply because USCIS does not know whether you are marrying only for the GC. (Mail-order bride - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Mail-order_bride))
6.)Does she also have to do MS to use cross chargeability and file in EB-2
Nope, her qualifications dont matter. Think if this as a team effort: your qualifications take care of the EB2 part of things and her country of birth defines the priority date
I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.
1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
yes. Since your job profile seems to meet EB2 requirements and you qualify, you can file under EB2. She will be a dependent in this case, her qualifications dont really matter, the petition is based on your job and qualifications.
2.)Would she need to be physically here in USA for filing i 485.
for filing an adjustment of status, which is what you typically want, yes.
3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
no. a GC through marriage is conditional, yours is through employment, so its not.
4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
always possible, its the law, its not upto the discretion of the USCIS
5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.
no. Yours is an EB(employment based) case, you are confusing this with getting a GC through marriage to a US citizen. In that scenario people face a rigorous and indeed sometimes humiliating experience simply because USCIS does not know whether you are marrying only for the GC. (Mail-order bride - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Mail-order_bride))
6.)Does she also have to do MS to use cross chargeability and file in EB-2
Nope, her qualifications dont matter. Think if this as a team effort: your qualifications take care of the EB2 part of things and her country of birth defines the priority date
