WillIBLucky
12-11 01:26 PM
Yes its good USCIS have revenue to hire more people to process our applications. Well said.
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
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aj1234567
08-24 02:11 PM
Thanks for your reply "WeShallOvercome", The question which you answered is on top of my head from so many days, I asked some many people and they are not sure, Thanks your help
One more question is right now my wife is on H4, My I140 and 485 are in pending, if my wife got EAD she can use it right?
2) If my I140 denied and her EAD become Void, Is she permitted to stay in USA or She needs to go out of country and enter with h4 status?
Thanks
Ajay
Yes, You can use EAD and start working on it before I-140 approval BUT you can not change employer using AC21 without an approved I-140 even if your I-485 is pending for more than 180 days.
Let me clarify some doubts people have on this thread...
It's your choice whether to use EAD or H1 to work,
You can change employer on EAD as well as H1(EAD is just easier, no application fee involved), provided your 485 is pending for 180 days and 140 is approved.
EAD does not give you the freedom to change employer if the other 2 conditions are not met(140 approval and 485 pending for 180 days). Once these 2 conditions are met, you can change even on H1....
One more question is right now my wife is on H4, My I140 and 485 are in pending, if my wife got EAD she can use it right?
2) If my I140 denied and her EAD become Void, Is she permitted to stay in USA or She needs to go out of country and enter with h4 status?
Thanks
Ajay
Yes, You can use EAD and start working on it before I-140 approval BUT you can not change employer using AC21 without an approved I-140 even if your I-485 is pending for more than 180 days.
Let me clarify some doubts people have on this thread...
It's your choice whether to use EAD or H1 to work,
You can change employer on EAD as well as H1(EAD is just easier, no application fee involved), provided your 485 is pending for 180 days and 140 is approved.
EAD does not give you the freedom to change employer if the other 2 conditions are not met(140 approval and 485 pending for 180 days). Once these 2 conditions are met, you can change even on H1....
pappu
11-13 01:02 PM
Please bump this thread today so that it is always at the top
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reggie
01-30 12:01 AM
Hello.
I have the same problem.
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time.
The question is: "Is this possible to prove that I did'n know about the petition?" And how do I prove that the wrong answer is not "willfull misrepresentation of material fact"?
I have the same problem.
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time.
The question is: "Is this possible to prove that I did'n know about the petition?" And how do I prove that the wrong answer is not "willfull misrepresentation of material fact"?
more...
ivuser
02-20 10:16 AM
Is it okay to have an internal transfer (same company, from East Coast to West Coast) after obtaining the Green Card? Or transferring after 6 months to 1 year would be better?
If it's okay to transfer right away, does the new position need to have the same/similar title, duties, and salary?
Thank you :)
I think internal transfer after 6 months to a different location may be better.
Officially hold on taking promotions. Practically taking additional responsibility should not be an issue. For example, let us say you got GC as a Sr. Software developer, in 6 months you may get promoted to Lead Developer. Point to be noted is hold all the current responsibility, in addition take new role like team lead and project management.
If it's okay to transfer right away, does the new position need to have the same/similar title, duties, and salary?
Thank you :)
I think internal transfer after 6 months to a different location may be better.
Officially hold on taking promotions. Practically taking additional responsibility should not be an issue. For example, let us say you got GC as a Sr. Software developer, in 6 months you may get promoted to Lead Developer. Point to be noted is hold all the current responsibility, in addition take new role like team lead and project management.
lazycis
12-18 03:14 PM
As per AC21 rule, it is from Receipt. However, let's put some practicality into the matter. Some IO's interpret the rule wrongly and used Notice Date instead. So what will happen? Your GC denied for wrong reasons and you file for MTR because it was USCIS mistake. If you're willing to take the chance, then go. If not, better use Notice Date for practicality purposes and to avoid all the hassle of MTR, etc.
Very good point. It's not worth the hassle to take a chance unless it's absolutely necessary.
Very good point. It's not worth the hassle to take a chance unless it's absolutely necessary.
more...
dtekkedil
07-05 08:47 AM
Can we use this or portions of this text for our mails to the media on the "Send flowers Drive"?
I would suggest changing the last point as so -
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will not be punished.
It doesn't matter if we are not rewarded as long as we are not punished!
I would suggest changing the last point as so -
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will not be punished.
It doesn't matter if we are not rewarded as long as we are not punished!
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belmontboy
07-13 07:14 PM
"Yesterday, we described potential four options for the DOS and the USCIS. Unconfirmed sources indicate that the last option appears to be "out." ...."
And the last option is ....
"The fourth, which is important but difficult, option might be to change its rule to permit I-485 application, I-765 employment authorization application, and I-131 applications for the foreign workers and their spouses and children if the foreign workers have obtained the labor certification approvals."
So if this rumour is true, then no EAD's & AC21 after I-140 and before 485 :(
And the last option is ....
"The fourth, which is important but difficult, option might be to change its rule to permit I-485 application, I-765 employment authorization application, and I-131 applications for the foreign workers and their spouses and children if the foreign workers have obtained the labor certification approvals."
So if this rumour is true, then no EAD's & AC21 after I-140 and before 485 :(
more...
IndianIII
03-20 12:06 AM
I would like the STEM related BILL to pass............ Many coun tries like AUSTRALIA, CANADA gives more preferrance to graduates from their Universities.
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MahaBharatGC
04-16 10:30 AM
yes, my I-140 is approved. If your old employer revokes the I-140, as part of the processing of that revocation the USCIS *might* issue an RFE or NOID asking you for an updated employment verification letter. Per my attorney its more likely that USCIS wont do anything to the 485 right now, but will check the status of the I-140 while processing my 485. As part of preadjudication it might happen earlier, but also possible that it will only happen when my PD is current or almost current (July-2006/EB2/India). At that point we should get an RFE, and thats when my attorney plans to inform USCIS about the AC-21 change of employer.
Just a quick question:
My employer had legal dept and lawer filed G28 form for me when applied for I-485. Do we really need to hire a lawyer to represent us? I am planning to move to client under similar job description this month end and would like to see if I have to file AC21 and change the lawer representation.
I appreciate any response.
Just a quick question:
My employer had legal dept and lawer filed G28 form for me when applied for I-485. Do we really need to hire a lawyer to represent us? I am planning to move to client under similar job description this month end and would like to see if I have to file AC21 and change the lawer representation.
I appreciate any response.
more...
bugsbunny
04-11 04:01 PM
Can we see a list of all the positive outcomes of the various advocacy events, lobbying etc done by IV for the EB immigrant community please?
And, if any of those good outcomes are being implemented by USCIS to ease the EB backlogs?
I am sure there are other achievements since this was compiled but here is list till 2009
This list is also available in the "about us" section under the "Home" menu button
Immigration Voice Achievements
September 2009. Streamlining of Security Screening Process for Foreign Scientists: DHS reduced the wait times for Visa stamping in foreign consulates to 2 weeks. A successful campaign was run by IV members. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/654080-iv-update-good-news-for-people-stuck-due-to-security-checks-while-waiting-for-visas.html
September, 2009. Successful completion of FOIA campaign: After filing hundreds of FOIA requests USCIS released the data of pending applications on their website. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/630599-iv-update-on-visa-numbers-and-foia-data.html
2008: Admin Fix campaign. 2 Year EAD announced by USCIS for all that have filed AOS.
2008. Successful introduction of 3 bills in the House by Rep Zoe. Lofgren. This included elimination of per country limits Bill on which no other organization or business interest had ever advocated until that time. Immigration Voice successfully advocated these bills, brought in co-sponsors and received support from other interests for these bills.
H.R.5882
Title: To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/23/2008) Cosponsors (31)
H.R.5921
Title: To amend the Immigration and Nationality Act to eliminate the per country level for employment-based immigrants and to end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/29/2008) Cosponsors (24)
H.R.6039
Title: To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 5/13/2008) Cosponsors (34)
September 18, 2007
DC Rally: Thousands of high-skilled immigrants march in the US Capital!
Lobby day: IV volunteers attend close to 125 meetings with lawmakers� offices to lobby for congressional intervention
Paid Advertisement in the Roll Call- the newspaper that covers the Capitol Hill
Media coverage: New York Times, Washington Post, Yahoo, BBC, OC Register, Business Week
July 2007 Visa bulletin reversal
IV breaks the good news!
Flower campaign
i. USCIS takes note of the flower campaign
ii. Media coverage: Business Week, Reuters, Washington Post, New York Times, NPR, Others, Video coverage
San Jose Rally
i. Media coverage: Business Week
CIR 2006: Manager's amendment
IV lobbies to ensure that this amendment contains favorable provisions for high-skilled immigrants
The amendment was PASSED, although the bill itself did not survive
Access to lawmakers
IV is in close contact with Hon. Rep. Zoe Lofgren�s office on several issues related to Employment Based Immigration
IV closely worked with Hon. Rep. Zoe Lofgren who played an instrumental role in bringing about reversal of July Visa Bulletin
Contact with USCIS. IV was the first one to bring news of the July 2007 Visa Bulletin reversal
IV Spokesperson invited to conference at top US University
Only organization FOR high-skilled immigrants BY high skilled immigrants
Most visited site by high-skilled immigrants in the
Number of registered members has risen from 50 to 25000 in less than 2 years! The following are approximate figures:
i. 1/2006: 60
ii. 2/2006: 600
iii. 7/2006: 4500
iv. 1/2007: 7500
v. 7/2007: 15000
vi. 8/2007: 20000
vii. 11/2007: 25000
viii. 07/2008: 30000
IX. 09/2009: 36,810
And, if any of those good outcomes are being implemented by USCIS to ease the EB backlogs?
I am sure there are other achievements since this was compiled but here is list till 2009
This list is also available in the "about us" section under the "Home" menu button
Immigration Voice Achievements
September 2009. Streamlining of Security Screening Process for Foreign Scientists: DHS reduced the wait times for Visa stamping in foreign consulates to 2 weeks. A successful campaign was run by IV members. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/654080-iv-update-good-news-for-people-stuck-due-to-security-checks-while-waiting-for-visas.html
September, 2009. Successful completion of FOIA campaign: After filing hundreds of FOIA requests USCIS released the data of pending applications on their website. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/630599-iv-update-on-visa-numbers-and-foia-data.html
2008: Admin Fix campaign. 2 Year EAD announced by USCIS for all that have filed AOS.
2008. Successful introduction of 3 bills in the House by Rep Zoe. Lofgren. This included elimination of per country limits Bill on which no other organization or business interest had ever advocated until that time. Immigration Voice successfully advocated these bills, brought in co-sponsors and received support from other interests for these bills.
H.R.5882
Title: To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/23/2008) Cosponsors (31)
H.R.5921
Title: To amend the Immigration and Nationality Act to eliminate the per country level for employment-based immigrants and to end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/29/2008) Cosponsors (24)
H.R.6039
Title: To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 5/13/2008) Cosponsors (34)
September 18, 2007
DC Rally: Thousands of high-skilled immigrants march in the US Capital!
Lobby day: IV volunteers attend close to 125 meetings with lawmakers� offices to lobby for congressional intervention
Paid Advertisement in the Roll Call- the newspaper that covers the Capitol Hill
Media coverage: New York Times, Washington Post, Yahoo, BBC, OC Register, Business Week
July 2007 Visa bulletin reversal
IV breaks the good news!
Flower campaign
i. USCIS takes note of the flower campaign
ii. Media coverage: Business Week, Reuters, Washington Post, New York Times, NPR, Others, Video coverage
San Jose Rally
i. Media coverage: Business Week
CIR 2006: Manager's amendment
IV lobbies to ensure that this amendment contains favorable provisions for high-skilled immigrants
The amendment was PASSED, although the bill itself did not survive
Access to lawmakers
IV is in close contact with Hon. Rep. Zoe Lofgren�s office on several issues related to Employment Based Immigration
IV closely worked with Hon. Rep. Zoe Lofgren who played an instrumental role in bringing about reversal of July Visa Bulletin
Contact with USCIS. IV was the first one to bring news of the July 2007 Visa Bulletin reversal
IV Spokesperson invited to conference at top US University
Only organization FOR high-skilled immigrants BY high skilled immigrants
Most visited site by high-skilled immigrants in the
Number of registered members has risen from 50 to 25000 in less than 2 years! The following are approximate figures:
i. 1/2006: 60
ii. 2/2006: 600
iii. 7/2006: 4500
iv. 1/2007: 7500
v. 7/2007: 15000
vi. 8/2007: 20000
vii. 11/2007: 25000
viii. 07/2008: 30000
IX. 09/2009: 36,810
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dealsnet
03-19 01:32 PM
My wife changed her job after getting H1B transfer receipt. Her previous H1B is not expired or revoked. After one month with new employer, her H1B is denied. We didn't appeal, but immediately filed new H1B with another employer and give paystub of the denied employer with all details. She got her H1B approved with the latest employer. This happened 4 years back.
So, if H1B denied, you can file appeal or find a new job and file new petition ASAP.
Looks like you got angry.Everybody knows H1 requirements as much as you do.Do you think are the only one who is smart in this world.I don't think so.
You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.
Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.
When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?
I advice you to read murthy.com articles which sometimes point out that USCIS document were not clear
So, if H1B denied, you can file appeal or find a new job and file new petition ASAP.
Looks like you got angry.Everybody knows H1 requirements as much as you do.Do you think are the only one who is smart in this world.I don't think so.
You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.
Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.
When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?
I advice you to read murthy.com articles which sometimes point out that USCIS document were not clear
more...
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aquarianf
06-15 11:39 AM
In central NJ, I called over 9 Doctors and only two of them had an appointment before July 1st -2nd week.
One is Dr. Neil M.S. Estrella in Clark, NJ. Appointment was available for Monday June 18th. But the fees for the exam plus vaccines is $430. The second one is Dr. Marcel Stern in Piscataway, NJ 08854. Appoitnment was available for Thursday June 21st. The fees was more reasonable at $350.
If you're in Central NJ, Hurry, Hurry Hurry.
P.S - If some of you get other appoitnments in NJ, post here so that others will know and not waste time calling other doctors.
To look for doctors in your area, go here :
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
You can just walkin to Dr Stern office. Even if you have an appointment with them, you may have to wait 0.5-1.5 hours depending on the time you go. If you go on weekend or weekdays after 5 you may have to wait longer but afternoon should be faster. And there fee may be more than $350 if you need to get shots and xray. Hope this help.
If you call them recp. will tell that appt is required but actually it is just walk-in and you may not get any preference ver people who walked-in.
One is Dr. Neil M.S. Estrella in Clark, NJ. Appointment was available for Monday June 18th. But the fees for the exam plus vaccines is $430. The second one is Dr. Marcel Stern in Piscataway, NJ 08854. Appoitnment was available for Thursday June 21st. The fees was more reasonable at $350.
If you're in Central NJ, Hurry, Hurry Hurry.
P.S - If some of you get other appoitnments in NJ, post here so that others will know and not waste time calling other doctors.
To look for doctors in your area, go here :
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
You can just walkin to Dr Stern office. Even if you have an appointment with them, you may have to wait 0.5-1.5 hours depending on the time you go. If you go on weekend or weekdays after 5 you may have to wait longer but afternoon should be faster. And there fee may be more than $350 if you need to get shots and xray. Hope this help.
If you call them recp. will tell that appt is required but actually it is just walk-in and you may not get any preference ver people who walked-in.
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nissan_1
08-05 12:15 PM
I work for a reputed American consulting firm with 30000 emp globally. I am EB3 India and missed the July 2007 boat. After trying from last 2 years, I finally convinced my employer to file my EB2. I have a 4 years Engg degree and had 5 years work exp in IT before joining this company. I already worked 6 years in this company. Our Lawyers do not want to use any of my preious experiance, rather they want to use "Bachelor's degree and 5 years of progressively responsible experience" in my current employer as I received promotions in the past to became a Manager. I have doubt in it. but they are one of the most reputed law firm in US and I do not think I can question them in regards to immigration rules.
What you guys think? Will it work?
What you guys think? Will it work?
more...
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krishnam70
02-17 05:40 PM
Today, I filed an official complaint with IRS about this employer. They told, they are going to send a notice asking the employer to reply to the tax bearer within 10 days from the receipt of the letter. I don't know how the employer is going to react and if they would still provide a corrected W2. Hoping, they would provide, otherwise I would have to call IRS again after another 2 weeks time. I had to be on the phone line for almost 30 mins to reach the IRS customer representative. It is a real pain.
Also be prepared for a backlash ..make sure you have your bases covered.
-good luck
kris
Also be prepared for a backlash ..make sure you have your bases covered.
-good luck
kris
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bugsbunny
05-05 01:39 AM
Hey, I have a question too
- How come people like me go red after 1-2 posts, and utter rascals here remain fully green even after redded by many?
Even though the context of your question and intention is suspicious at best....it's actually a really good question.
Let me restate it for the benefit of others
Q. How does the red and green rating system truly work?
A. The general rule that it is directly related to how much fellow members like your post holds true but there are also some finer details. Supervisors/admins can award much higher points either positive or negative. The total number of your posts even if unrated is a factor...generally unrated posts tilt the balance towards positive...which makes sense since no one found it offensive.
So becoming green is easy when the majority of your posts help your fellow IV members.
It's really tough to stay red when you have a large number of posts cause lots of fellow members have to rate your posts negatively.
Hope this helps.
Admins can chime in here and clarify if I haven't explained it right.
It's good to have a clear explanation of policy.
- How come people like me go red after 1-2 posts, and utter rascals here remain fully green even after redded by many?
Even though the context of your question and intention is suspicious at best....it's actually a really good question.
Let me restate it for the benefit of others
Q. How does the red and green rating system truly work?
A. The general rule that it is directly related to how much fellow members like your post holds true but there are also some finer details. Supervisors/admins can award much higher points either positive or negative. The total number of your posts even if unrated is a factor...generally unrated posts tilt the balance towards positive...which makes sense since no one found it offensive.
So becoming green is easy when the majority of your posts help your fellow IV members.
It's really tough to stay red when you have a large number of posts cause lots of fellow members have to rate your posts negatively.
Hope this helps.
Admins can chime in here and clarify if I haven't explained it right.
It's good to have a clear explanation of policy.
more...
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vallabhu
03-20 12:57 PM
I believe all these bills are in response to Bill gates addressing Dept. of Science and Technology last week though he mentioned EB issue he only faced a deaf ear from chair and he stressed a lot on H1B despite of lot of opposition from reps.
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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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maristella61
02-21 10:18 AM
Though my PD is quite old , I didn't get to my I-140 filing until Jan 2007 thanks to the labor certification backlog hell. It was filed premium and approved in Jan 07 itself. And also my I-485 was filed in last week of July. So the information USCIS has is kind of recent. And I have stayed with the same employer so far (One of world's well reputed & largest IT company)
I hope they look at these facts and dont bother sending an RFE or EVL and send me the straight approval ! (Fingers crossed and touch wood and whatever else !)
what is EVL ?
I hope they look at these facts and dont bother sending an RFE or EVL and send me the straight approval ! (Fingers crossed and touch wood and whatever else !)
what is EVL ?
abracadabra102
05-07 04:47 PM
You can appeal quoting your friend got approved. I have seen in the past, people got their approvals in appeal.
RV
I am not sure if this can be a good defense for ability to pay issues. Employer's revenue/profits drive the number of employees that can be sponsored for GC. It is not everyone or no one scenario.
RV
I am not sure if this can be a good defense for ability to pay issues. Employer's revenue/profits drive the number of employees that can be sponsored for GC. It is not everyone or no one scenario.
vjone
04-06 04:21 PM
I guess I did posted in general section. I did not noticed other news sections ...as you can see I am new here.
And if you just want positive posts ....thats good.
Then leave some negative thinking,
I dont have any other details other than ..what I have on my profile.
i have gotten everything from multiple !@#'s to great but that is not the point. Your profile is empty, there is very little information about you and the first thing you post is something about how H1's getting scammed. To me it would look like a post from an anti immigrant basher trying to muddy the waters. How does this post help any one?..you could have just added it in the news section. Was this article so important that you had to create a dummy profile and post something. You were in such a hurry that you could not be bothered with entering some information about you...isnt it strange...maybe you are normal guy who just read something during your lunch break and wanted to share it with everybody...who knows... A first post could be something like...'i just joined, i have a PD of xxx and i would like to help' would'nt you agree that this is much better than posting something that doesnt help the immigrant community.
And if you just want positive posts ....thats good.
Then leave some negative thinking,
I dont have any other details other than ..what I have on my profile.
i have gotten everything from multiple !@#'s to great but that is not the point. Your profile is empty, there is very little information about you and the first thing you post is something about how H1's getting scammed. To me it would look like a post from an anti immigrant basher trying to muddy the waters. How does this post help any one?..you could have just added it in the news section. Was this article so important that you had to create a dummy profile and post something. You were in such a hurry that you could not be bothered with entering some information about you...isnt it strange...maybe you are normal guy who just read something during your lunch break and wanted to share it with everybody...who knows... A first post could be something like...'i just joined, i have a PD of xxx and i would like to help' would'nt you agree that this is much better than posting something that doesnt help the immigrant community.
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