ndbhatt
02-07 12:34 AM
If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
Sanju,
I think you missed Danonline on a very important point; his French citizenship. I assume he is ROW and hope he isn't born in visa retrogressed countries.
I think Dan should be fine in getting his PR in couple of years and NOT 20-25 years as you mentioned earlier.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
Sanju,
I think you missed Danonline on a very important point; his French citizenship. I assume he is ROW and hope he isn't born in visa retrogressed countries.
I think Dan should be fine in getting his PR in couple of years and NOT 20-25 years as you mentioned earlier.
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mymyanmar@gmail.com
08-11 01:31 PM
Hi,
I am not sure this is the right thread to post my question. I recently moved to new address and as soon as I moved, I did change address using AR-11 online through USCIS website. And I did received the change address confirmation from USCIS. But in that confirmation, it's only mentioned about my wife's case status number and I didn't see any for mine.
And Aug 4, when i checked my case status online, it's said, "Document mailed to applicant". So just now I called to UCSIS customer service to find out my change of address has been updated in their system because I am afraid they might send that "document" to my old address. The CSR from USCIS told me on the phone that he cannot check my address(cos it's personal information) and the only thing I can find out is take infopass appointment. He also told me my case has been approved. I don't believe what he said was true cos I haven't done any FP yet. I did got EAD and AP approvals for both me and my wife since 2007, Sep.
So my questions are
1) Can my 485 case be approved without FP?
2) Is infopass the only way to find out my address change is updated in their system?
Any reply is highly appreciated.
My info
EB3 ROW - PD 2005, Mar
485 filed on Jul 5, 2007.
Thanks in advance,
ROW Guy
I am not sure this is the right thread to post my question. I recently moved to new address and as soon as I moved, I did change address using AR-11 online through USCIS website. And I did received the change address confirmation from USCIS. But in that confirmation, it's only mentioned about my wife's case status number and I didn't see any for mine.
And Aug 4, when i checked my case status online, it's said, "Document mailed to applicant". So just now I called to UCSIS customer service to find out my change of address has been updated in their system because I am afraid they might send that "document" to my old address. The CSR from USCIS told me on the phone that he cannot check my address(cos it's personal information) and the only thing I can find out is take infopass appointment. He also told me my case has been approved. I don't believe what he said was true cos I haven't done any FP yet. I did got EAD and AP approvals for both me and my wife since 2007, Sep.
So my questions are
1) Can my 485 case be approved without FP?
2) Is infopass the only way to find out my address change is updated in their system?
Any reply is highly appreciated.
My info
EB3 ROW - PD 2005, Mar
485 filed on Jul 5, 2007.
Thanks in advance,
ROW Guy
chantu
08-02 01:00 PM
Fedex is the best. Do not use DHL ever. I got bad experience with DHL. They took a week to deliver the docs. But fedex delivered it within 2 days. Now I know, always go with fedex.
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pappu
06-30 07:06 PM
update
http://immigrationvoice.org/forum/showthread.php?t=5883
http://immigrationvoice.org/forum/showthread.php?t=5883
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yabadaba
06-22 11:27 AM
POLL: Where Will You File Your I-485
NewDocinUS
02-05 01:52 PM
I am currently looking for any observership positions on B1/B2. Please let know if you have any friends who are doctors or who know any hospitals which offer observerships to international medical graduates.
Thanks
Thanks
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viveckj99
08-24 03:41 PM
Hi All,
I have one labor subsitution(PD EB3 Dec 2004) done before July 16 from another employer.Now I filed my I 485 with June 2006 PD and approved I-140 under perm with my current employer.Now my question is can I apply I-140 with another employer who has labor PD EB3 Dec 2004 with my pending I-485?
I have one labor subsitution(PD EB3 Dec 2004) done before July 16 from another employer.Now I filed my I 485 with June 2006 PD and approved I-140 under perm with my current employer.Now my question is can I apply I-140 with another employer who has labor PD EB3 Dec 2004 with my pending I-485?
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trueguy
08-08 05:53 PM
Guys,
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
more...
tnite
03-31 06:24 PM
Hi All Gurus:
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
If your old employer revokes the I140 when you leave him, you will end up starting your GC process from scratch.
You can change your employer 180 days after filing your I485 provided your I140 is approved.
Think twice before you act
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
If your old employer revokes the I140 when you leave him, you will end up starting your GC process from scratch.
You can change your employer 180 days after filing your I485 provided your I140 is approved.
Think twice before you act
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gcformeornot
04-01 06:55 PM
do not post on this forum. I am personally don't like LC subs. Genuine reasons for LS I can understand but this pure abuse of LS.
People pl do not answer.
People pl do not answer.
more...
nashim
08-14 01:08 PM
USCIS has only and only random process/ theory
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Macaca
02-09 12:47 PM
(don't hate me, I'm English).
Please don't flame me, I am trying to be honest.
One of my Deans used to have this poster in his office : No Guts, No Glory!
Please don't flame me, I am trying to be honest.
One of my Deans used to have this poster in his office : No Guts, No Glory!
more...
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GCwaitforever
02-09 05:50 PM
If you could customize it to let people tell their own life stories, that would be great. I am mailing my letter tonight.
To
Mr. John Beverly
Director, Foreign Labor Certification Program
200 Constitution Ave NW, room C4312
Washington, DC 20210
Mr. Beverly,
[Block A: Filler] with model text by the side ....
[Model text:
I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]
Block B:
Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
There is a complete lack of transparency and answerability from a public agency like BEC.
The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.
All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
Why FIFO has not been implemented?
How many people are working on adjudications?
What are the criteria for picking up a case for processing?
Why are there differences in procedures between Dallas and Philadelphia BECs?
How many cases have been adjudicated so far?
Block C:[Filler]
[Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]
Respectfully,
------------------------------------------------
xxxx
To
Mr. John Beverly
Director, Foreign Labor Certification Program
200 Constitution Ave NW, room C4312
Washington, DC 20210
Mr. Beverly,
[Block A: Filler] with model text by the side ....
[Model text:
I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]
Block B:
Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
There is a complete lack of transparency and answerability from a public agency like BEC.
The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.
All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
Why FIFO has not been implemented?
How many people are working on adjudications?
What are the criteria for picking up a case for processing?
Why are there differences in procedures between Dallas and Philadelphia BECs?
How many cases have been adjudicated so far?
Block C:[Filler]
[Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]
Respectfully,
------------------------------------------------
xxxx
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gcseeker2002
10-26 01:00 PM
My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
My wife went for stamping in 08/2003 and I just gave her the copy of the I797 approval notice, so I didnt have to worry about getting back the original. I think they gave back the copy too, so why are you sending original 797 for H4 stamping, it is not a required document I think.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
My wife went for stamping in 08/2003 and I just gave her the copy of the I797 approval notice, so I didnt have to worry about getting back the original. I think they gave back the copy too, so why are you sending original 797 for H4 stamping, it is not a required document I think.
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vdesai_8
03-29 12:25 PM
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gcisadawg
03-09 07:21 PM
My 140 was filed in Nov 2006. I had to wait 2 full years before my case got approved in Nov 2008.
My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.
Based on my experience, I would recommend the following:
1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)
2. If option 1 does not work, try to go through your local congressman.
Hope this helps. All the best.
My lawyers filed a Service Request and I contacted the local congressman for my Pending I-140 at TSC. Should I be worried since those actions would jeopardize my case?
-G
My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.
Based on my experience, I would recommend the following:
1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)
2. If option 1 does not work, try to go through your local congressman.
Hope this helps. All the best.
My lawyers filed a Service Request and I contacted the local congressman for my Pending I-140 at TSC. Should I be worried since those actions would jeopardize my case?
-G
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gk_2000
11-02 07:58 PM
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mallu
07-04 06:44 PM
Firstly, congrats!! BTW, when did you get the fingerprinting completed in your case? Want to get an idea as to how fast the whole process was done. Lets hope it is this way when our turn comes ;)
There is chance things get stuck in security check and rot there for years.
Many Indian applicants will attest to this.
There is chance things get stuck in security check and rot there for years.
Many Indian applicants will attest to this.
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logiclife
02-12 06:28 PM
Hi,
I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).
Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.
So if i switch now, I will
1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
2. I get a very good attorney to file my GC
3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)
If I don't switch, my odds are that
1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
2. Can't talk to the attorney directly
So IS IT WORTH switching the employer for
1. Gettting into EB2
2. Getting a good attorney to file my LC
3. Be able to talk to attorney directly
Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?
Thanks
All employers, who refuse to share copies of 140, labor or H1 fully intend to retain employees by restricting their ability to switch jobs and retain priority dates for future GC petitions. There are not exceptions to this rule. Even if its your brother who employs you, the only reason for withholding documents is to bond you. That is the only motive to withhold copies. "Its property of employer..." excuse is BS. Yes, it is property of employer. But the xerox copies dont change the ownership.
I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).
Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.
So if i switch now, I will
1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
2. I get a very good attorney to file my GC
3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)
If I don't switch, my odds are that
1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
2. Can't talk to the attorney directly
So IS IT WORTH switching the employer for
1. Gettting into EB2
2. Getting a good attorney to file my LC
3. Be able to talk to attorney directly
Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?
Thanks
All employers, who refuse to share copies of 140, labor or H1 fully intend to retain employees by restricting their ability to switch jobs and retain priority dates for future GC petitions. There are not exceptions to this rule. Even if its your brother who employs you, the only reason for withholding documents is to bond you. That is the only motive to withhold copies. "Its property of employer..." excuse is BS. Yes, it is property of employer. But the xerox copies dont change the ownership.
sam_hoosier
12-11 02:50 PM
guys,
I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..
I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...
Did you check the job code for Auditor vs. Audit Manager ? 2x salary differential could be a problem.
You should consult a lawyer.
I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..
I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...
Did you check the job code for Auditor vs. Audit Manager ? 2x salary differential could be a problem.
You should consult a lawyer.
hmehta
05-31 11:32 AM
On the same lines, one of my relative was also denied entry into the US at the Mineapolis airport. She is a widow, 70 years of age, and used to come here to visit her only son and daughter-in-law and their son, since last 6 years. She used to stay for 6 months during the summer time (April to Oct.) and then 6 months in India. But this time when she came here they denied her entry suggesting that you have a pattern of staying here since last 6-7 years at the same time of the year, so you are doing something illegal!!!!......
Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.
Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.
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