GCVivek
03-29 02:35 PM
Most makes sense but I don't think any candidates wait for their companies to file for EB1. EB1s can be filed by the candidates themselves. Right? All in all, if this happens, it will be good news for atleast a couple of 1000 EB2-I. :D
ImmInfo Newsletter: India EB2 cutoff dates to advance in May (http://www.imminfo.com/News/Newsletter/2011-3-31
/India-eb2-to-advance-in-may.html)
Based on just released information, it appears that India EB2 cutoff dates will advance, perhaps substantially, in May. China EB2 cutoff dates will also advance. The American Immigration Lawyers Association (AILA) reports that they were told the following by Charlie Oppenheim, Chief, Immigrant Visa Control and Reporting Division, U.S. Department of State:
�[US]CIS says they have seen a decline in filings, and does not expect a change in the number use pattern. Therefore, this decline in EB-1 number use will allow me to begin having those �otherwise unused� numbers drop down and be available for use in the EB-2 category. Based on current indications, that would mean that at least 12,000 additional numbers will be available to the EB-2 category. This situation will allow me to advance the India EB-2 cut-off date for May. The reason being that all �otherwise unused� numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates.�
There have been two reasons for China and India EB2 cutoff dates not moving forward as rapidly as had been the case in the past. The first is the unusually high demand for EB1 numbers and the second has been the increased demand for EB2 numbers represented by EB3 to EB2 upgrades.
The significance of this announcement is that it appears that the recent surge in demand for EB1 visa numbers has abated. The CIS reports that this demand slowed down in October, 2010 and has not resumed. Presumably, this means that substantially most the EB2 applicants who felt that they could upgrade to EB1 have now filed the petitions and had them adjudicated. If this is the case, then the number of unused EB1 numbers will increase back to previous levels and become available for use by EB2 applicants.
================================================== ==================
P.S : the EB1 filing reduced may be because the Indian IT companies stopped filing EB1C ? Its just my thought
ImmInfo Newsletter: India EB2 cutoff dates to advance in May (http://www.imminfo.com/News/Newsletter/2011-3-31
/India-eb2-to-advance-in-may.html)
Based on just released information, it appears that India EB2 cutoff dates will advance, perhaps substantially, in May. China EB2 cutoff dates will also advance. The American Immigration Lawyers Association (AILA) reports that they were told the following by Charlie Oppenheim, Chief, Immigrant Visa Control and Reporting Division, U.S. Department of State:
�[US]CIS says they have seen a decline in filings, and does not expect a change in the number use pattern. Therefore, this decline in EB-1 number use will allow me to begin having those �otherwise unused� numbers drop down and be available for use in the EB-2 category. Based on current indications, that would mean that at least 12,000 additional numbers will be available to the EB-2 category. This situation will allow me to advance the India EB-2 cut-off date for May. The reason being that all �otherwise unused� numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates.�
There have been two reasons for China and India EB2 cutoff dates not moving forward as rapidly as had been the case in the past. The first is the unusually high demand for EB1 numbers and the second has been the increased demand for EB2 numbers represented by EB3 to EB2 upgrades.
The significance of this announcement is that it appears that the recent surge in demand for EB1 visa numbers has abated. The CIS reports that this demand slowed down in October, 2010 and has not resumed. Presumably, this means that substantially most the EB2 applicants who felt that they could upgrade to EB1 have now filed the petitions and had them adjudicated. If this is the case, then the number of unused EB1 numbers will increase back to previous levels and become available for use by EB2 applicants.
================================================== ==================
P.S : the EB1 filing reduced may be because the Indian IT companies stopped filing EB1C ? Its just my thought
wallpaper Casey Anthony Trial Photo
Meghna
05-16 08:16 PM
[QUOTE=Das73]It's always a good practice to take a receipt notice of any action done by your lawyer & keep that for your records.
When you apply for EAD, soon USCIS will ask you to do fingerprints(BIO-2). I think you missed that part and it might be denied or void as it was left for so long!
You can file for new EAD online at https://efiling.uscis.dhs.gov/efile/InteractionMgr?interactionmgr.interaction=SetupEfo rms×tamp=1127234762990
Create your account & you can file your self with out lawyer's assistance. It's always suggested to file EAD(I-765) & AP(I-131) jointly. You can pay by credit card.
(1) After applying online, you will receive 'Receipt notices' of EAD & AP.
(2) Now a days USCIS will set up an apointment for BIO-2 of EAD.
(3) You have to send supportive documents for Advance Parole, like photos,brief explanation of qualifying for AP...I can give you those sample formats !
Coming to I-485 BIOMETRICS, call USCIS & ask them about BIO. Go to this website & register https://egov.immigration.gov/cris/jsps/index.jsp. You must add I-485,EAD,AP & I-140 receipt numbers like LINXXXX and you will get emails when they get approved. You can also see the changes on 'LAST UPDATED' column, which means your case is touched by an officer. But it's not the confirmation of approval until status message has changed or you got an email.
Go thru these 2 links & familiarize well. Hope your I-140 has approved. Finally these are suggestions only & I am not a lawyer. Consult an immigration lawyer if you have uncanny issues.
Goo Luck.
------------------------------------------------------------------------
Thank you for your reply Mr.Das
1) My I 140 was approved
2) I just got my Bio appointment and i am all set with that. i received 1 week after the appointment date but we just walked in and got Bio with out any problem.
3) MY EAD is the only problem
As i mentioned it has been almost 2 years and its still pending. i gave my biometrics at that time and i received my AP for me and my husband. My husband (dependent) got ead but not me :confused:
When you apply for EAD, soon USCIS will ask you to do fingerprints(BIO-2). I think you missed that part and it might be denied or void as it was left for so long!
You can file for new EAD online at https://efiling.uscis.dhs.gov/efile/InteractionMgr?interactionmgr.interaction=SetupEfo rms×tamp=1127234762990
Create your account & you can file your self with out lawyer's assistance. It's always suggested to file EAD(I-765) & AP(I-131) jointly. You can pay by credit card.
(1) After applying online, you will receive 'Receipt notices' of EAD & AP.
(2) Now a days USCIS will set up an apointment for BIO-2 of EAD.
(3) You have to send supportive documents for Advance Parole, like photos,brief explanation of qualifying for AP...I can give you those sample formats !
Coming to I-485 BIOMETRICS, call USCIS & ask them about BIO. Go to this website & register https://egov.immigration.gov/cris/jsps/index.jsp. You must add I-485,EAD,AP & I-140 receipt numbers like LINXXXX and you will get emails when they get approved. You can also see the changes on 'LAST UPDATED' column, which means your case is touched by an officer. But it's not the confirmation of approval until status message has changed or you got an email.
Go thru these 2 links & familiarize well. Hope your I-140 has approved. Finally these are suggestions only & I am not a lawyer. Consult an immigration lawyer if you have uncanny issues.
Goo Luck.
------------------------------------------------------------------------
Thank you for your reply Mr.Das
1) My I 140 was approved
2) I just got my Bio appointment and i am all set with that. i received 1 week after the appointment date but we just walked in and got Bio with out any problem.
3) MY EAD is the only problem
As i mentioned it has been almost 2 years and its still pending. i gave my biometrics at that time and i received my AP for me and my husband. My husband (dependent) got ead but not me :confused:
chanduv23
09-15 10:29 AM
Thanks folks for your wishes. I had not been active on the volunteering side due to multiple reasons and other day to day challenges and career.
I agree with a lot of people in the community that it is a challenge to balance a challenging personal life, especially in a country like America where regular day to day life poses many challenges.
In the green card process, the challenge is just not about one needing a job to fulfill day to day needs but to secure a future for him/her and family.
A lot of people I have come across through IV have been absolutely amazing in stepping up and doing what they do and this platform provided by IV (Aman, Pappu, Jay etc..) has been a blessing for all of us.
I have written to IV core that I will continue to support IV and its activities.
I agree with a lot of people in the community that it is a challenge to balance a challenging personal life, especially in a country like America where regular day to day life poses many challenges.
In the green card process, the challenge is just not about one needing a job to fulfill day to day needs but to secure a future for him/her and family.
A lot of people I have come across through IV have been absolutely amazing in stepping up and doing what they do and this platform provided by IV (Aman, Pappu, Jay etc..) has been a blessing for all of us.
I have written to IV core that I will continue to support IV and its activities.
2011 Casey Anthony appears in court
indio0617
05-15 11:15 PM
Hi,
Can anyone share their expert views on this scenario.
Say, I have approved I-140 (current PD) from employer A (never worked with). Work with employer B in a different. Now if employer A applies for I-485 and after it is pending for 6 months, Can I invoke AC21 to continue the GC process while still with employer B ?
Also is it possible to have 2 separate I-485 filed from different employers.
I have heard the above is possible. But, I am curious as to how AC21 is interpreted. Isn't AC21 essentially an instrument to change jobs without hampering the GC process. In this case since one is not 'really switching jobs' how will this be treated or possible ?
Thank You.
/\/\ Bump /\/\ Anyone ?
Can anyone share their expert views on this scenario.
Say, I have approved I-140 (current PD) from employer A (never worked with). Work with employer B in a different. Now if employer A applies for I-485 and after it is pending for 6 months, Can I invoke AC21 to continue the GC process while still with employer B ?
Also is it possible to have 2 separate I-485 filed from different employers.
I have heard the above is possible. But, I am curious as to how AC21 is interpreted. Isn't AC21 essentially an instrument to change jobs without hampering the GC process. In this case since one is not 'really switching jobs' how will this be treated or possible ?
Thank You.
/\/\ Bump /\/\ Anyone ?
more...
gc4me
05-23 09:11 AM
+ve skin test does not mean anything.
You can be +ve if
1. If you ever had TB
2. If you ever had TB medication
3. If you ever had TB Vaccination
If you are +ve, you need to do chest x-ray to verify whether you have TB or not. Tell your doc for chest x-ray. For me, I knew I will be +ve and so I told my doc for x-ray at the first time and did not have skin test.
I Got Positive Skin Test. What Should I Do Now? Please Inform Me.
Thanks
Chhaya.
You can be +ve if
1. If you ever had TB
2. If you ever had TB medication
3. If you ever had TB Vaccination
If you are +ve, you need to do chest x-ray to verify whether you have TB or not. Tell your doc for chest x-ray. For me, I knew I will be +ve and so I told my doc for x-ray at the first time and did not have skin test.
I Got Positive Skin Test. What Should I Do Now? Please Inform Me.
Thanks
Chhaya.
ashkam
11-24 10:09 AM
When you buy a home you sign a contract saying you will pay the loan amount at the end of the loan term with interest. There was a commitment made. And you are saying people who walk away without fulfilling their obligation are smart? Fool!
And who do you think is footing the bill for bailing out those banks? its you and me! You are not only dishonest and unethical, you must be really dumb if you think you are not going to be paying for the mistakes of people like punjabi when they "walk away" from their homes. Idiot!
This reminds me of the following exchange from Seinfeld :
Jerry : So were going to make the Post Office pay for my new stereo ?
Kramer : It's just a write off for them .
Jerry : How is it a write off ?
Kramer : They just write it off .
Jerry : Write it off what ?
Kramer : Jerry all these big companies they write off everything
Jerry : You don't even know what a write off is .
Kramer : Do you ?
Jerry : No . I don't .
Kramer : But they do and they are the ones writing it off .
Jerry : I wish I just had the last twenty seconds of my life back . But seriously, Punjabi, screwing up your credit history for 20,000 dollars is not a very smart move, especially if you're planning on living here for the rest of your life. Not sure if it will affect your job prospects in the future but what I AM sure of is everything else will be affected, even everyday things like getting car insurance. If you want to switch to a different insurer, your premium will increase if you have bad credit history. As someone else said, you need to really think this through because it will be a life-changing decision for you. People who are telling you to go ahead and do it just because it is legal are not giving you good advice. And people who are advising you to go ahead and do it and get a couple more credit cards and a new car while you are at it, well, these people really have no business giving anyone any advice about anything.
And who do you think is footing the bill for bailing out those banks? its you and me! You are not only dishonest and unethical, you must be really dumb if you think you are not going to be paying for the mistakes of people like punjabi when they "walk away" from their homes. Idiot!
This reminds me of the following exchange from Seinfeld :
Jerry : So were going to make the Post Office pay for my new stereo ?
Kramer : It's just a write off for them .
Jerry : How is it a write off ?
Kramer : They just write it off .
Jerry : Write it off what ?
Kramer : Jerry all these big companies they write off everything
Jerry : You don't even know what a write off is .
Kramer : Do you ?
Jerry : No . I don't .
Kramer : But they do and they are the ones writing it off .
Jerry : I wish I just had the last twenty seconds of my life back . But seriously, Punjabi, screwing up your credit history for 20,000 dollars is not a very smart move, especially if you're planning on living here for the rest of your life. Not sure if it will affect your job prospects in the future but what I AM sure of is everything else will be affected, even everyday things like getting car insurance. If you want to switch to a different insurer, your premium will increase if you have bad credit history. As someone else said, you need to really think this through because it will be a life-changing decision for you. People who are telling you to go ahead and do it just because it is legal are not giving you good advice. And people who are advising you to go ahead and do it and get a couple more credit cards and a new car while you are at it, well, these people really have no business giving anyone any advice about anything.
more...
singhv_1980
01-28 01:46 PM
I came across a couple who got their H1B approvals last yr with in 3 weeks to each other. One of them was in PIMS and other one not. So I feel approval date does not seem to be a criteria to base these delays upon.:confused:
Good Luck to everyone including myself!:(
Good Luck to everyone including myself!:(
2010 girlfriend in Casey Anthony
zram1977
09-15 12:22 PM
got approval mails for me and my wife today.
I dont feel like working today :)
Can you pl tell the Service center ? Is it NSC or TSC
-Thanks
I dont feel like working today :)
Can you pl tell the Service center ? Is it NSC or TSC
-Thanks
more...
rajmen
09-15 01:28 PM
Got an InfoPass scheduled, and created a SR. This is taking way too long, and now April + May approvals are rolling in...
jazz
Can someone please post the steps to open an SR and get an Infopass? I may have a biometrics appointment coming up soon. Can they help with application status questions?
TIA
jazz
Can someone please post the steps to open an SR and get an Infopass? I may have a biometrics appointment coming up soon. Can they help with application status questions?
TIA
hair Casey Anthony sits in court
TeddyKoochu
03-30 09:13 AM
I wish it should be current or atleast near to current.
Teddy, any update to predictions based on the current status of availablity of EB1 ?
Krish I believe that Feb - Apr 2007 is very realistic now although we don't have all the details of the news yet. 12K numbers if applied in May will lead to 4-5 months of movement not just a wekl. I do echo VDLRAO's wish there is a good chance that we maybe near the Jul-Aug 2007 line however we should wait for the May bulletin to assess that.
Teddy, any update to predictions based on the current status of availablity of EB1 ?
Krish I believe that Feb - Apr 2007 is very realistic now although we don't have all the details of the news yet. 12K numbers if applied in May will lead to 4-5 months of movement not just a wekl. I do echo VDLRAO's wish there is a good chance that we maybe near the Jul-Aug 2007 line however we should wait for the May bulletin to assess that.
more...
brshankar
08-07 11:56 AM
Yes, my GC is in Peril and thats exactly what I am trying to do...
Dude,
Looks like Rolling_Flood has not yet voted on this poll. I thought he will be the first Yes for this poll.
Are you guys planning to file separate lawsuits?
Dude,
Looks like Rolling_Flood has not yet voted on this poll. I thought he will be the first Yes for this poll.
Are you guys planning to file separate lawsuits?
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chanduv23
01-29 06:47 PM
Is there some master list of companies that have been filed against ? Do you know of anyone on this list that have done so and won ?
What will that accomplish really ? I dont know if working for this place will be a good idea anyway after filing a suit against them... but OTOH if it helps other people or at least if its out there on the net, so other companies wont get his brilliant idea....
just musing, thankyou for replying to my posts so quickly.
As such, you have to start looking for other jobs because you are not sure if they will accept EAD even after a week.
If they offer you the job, well and good, but if not, I think you can litigate for various reasons because what they did is not right.
What will that accomplish really ? I dont know if working for this place will be a good idea anyway after filing a suit against them... but OTOH if it helps other people or at least if its out there on the net, so other companies wont get his brilliant idea....
just musing, thankyou for replying to my posts so quickly.
As such, you have to start looking for other jobs because you are not sure if they will accept EAD even after a week.
If they offer you the job, well and good, but if not, I think you can litigate for various reasons because what they did is not right.
more...
house Casey Anthony Trial Evidence
ak_2004
05-06 10:16 PM
Hi friends,
My husband and me work for the same company now. He applied in EB3 (India) and PD date with December 2006. I-140 approved and I-485 applied in July 2007. Got EAD and AP for both but still working on H1B (Not used EAD and AP).
From other company, in 2007, I applied for labor substitution and it is approved yesterday, which has PD Nov 2004 (EB3 - India). One of my friend working for this company and I got the reference last moment and I was not hoping for this approval.
Now I have to switch to this company as the company management are asking me to join the company. I read many threads in this forum and this thread too about multiple filings of I485s and withdraw one while applying other.
I read some people had no problems with multiple I-485s. But Murthy's advice is against this while others like Rajiv in favour of this.
Please advice me what could be the best in my case.
I have PG in engineering (CS) from India.
Thanks in advance
My husband and me work for the same company now. He applied in EB3 (India) and PD date with December 2006. I-140 approved and I-485 applied in July 2007. Got EAD and AP for both but still working on H1B (Not used EAD and AP).
From other company, in 2007, I applied for labor substitution and it is approved yesterday, which has PD Nov 2004 (EB3 - India). One of my friend working for this company and I got the reference last moment and I was not hoping for this approval.
Now I have to switch to this company as the company management are asking me to join the company. I read many threads in this forum and this thread too about multiple filings of I485s and withdraw one while applying other.
I read some people had no problems with multiple I-485s. But Murthy's advice is against this while others like Rajiv in favour of this.
Please advice me what could be the best in my case.
I have PG in engineering (CS) from India.
Thanks in advance
tattoo Casey Anthony looks over
punjabi
04-01 05:18 PM
It is not confirmed yet whether they would consider all of the 12k towards the decision for the May Bulletin or not.
They might want to disperse the 12k numbers in the subsequent months, if they try to be a little conservative.
This is a very simple calculation. Following are the numbers before Oct -2006. These total to ~ 12K.
EB2-C - 3521
EB2-I - 9345
The dates will move further if more than 12K numbers are infused into the system. I would say that the dates should be in Oct - Nov 2006 range with these 12K numbers, having Nov as buffer as they may issue RFE's to folks.
They might want to disperse the 12k numbers in the subsequent months, if they try to be a little conservative.
This is a very simple calculation. Following are the numbers before Oct -2006. These total to ~ 12K.
EB2-C - 3521
EB2-I - 9345
The dates will move further if more than 12K numbers are infused into the system. I would say that the dates should be in Oct - Nov 2006 range with these 12K numbers, having Nov as buffer as they may issue RFE's to folks.
more...
pictures Casey Anthony Trial: Judge
desi3933
08-24 09:01 AM
.........
.........
Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it. But when 100 people say "we re going back, disappointed, it will have some effect".
.........
.........
$100 one time.
>> Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it.
Thats sum it nicely. Nobody wants to go back.
Though you are sending "I am going back unless you fix it" cards, you are actually not serious about it. Great. Just Great.
And you think, that will fix the system.
.........
Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it. But when 100 people say "we re going back, disappointed, it will have some effect".
.........
.........
$100 one time.
>> Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it.
Thats sum it nicely. Nobody wants to go back.
Though you are sending "I am going back unless you fix it" cards, you are actually not serious about it. Great. Just Great.
And you think, that will fix the system.
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Lasantha
01-25 01:36 PM
So it looks like airline/airport personel know about AP and would not make a fuss for not having a valid unexpired visa in your passport if you carry your AP.
It's curious though why the guy wanted to see your EAD when EAD has nothing whatsoever to do with travelling.
Hi reddy77,
I recently traveled to Chennai. My H1b visa was expired in my passport and have an approved AP. I traveled through AA (Frankfurt) --> Gulf Airways (Bahrain) --> Madras and ultimately to Tirupati by Car, While going to India no one cared to ask for any documents not even in Frankfurt. By the way if you don't know this, you don't need a TV for Germany if you have AP. While coming back (I just came 2 weeks back), the officer at the Immigration counter looked at my passport and asked me how can i travel to US with an expired US Visa. I didn't give him my AP with my passport coz I was lazy to take AP from my bag. Finally I showed him my AP and he let me in. Now all the officers in India know about AP. They wont be surprised looking at the AP. In Bahrain I had a lay over of about 13 hours. Gulf Air gave me hotel accommodation. At the Bahrain immigration counter, the officer flipped 2-3 pages in my passport and didn't even care to look at my visa/AP. In Frankfurt, while boarding the AA flight to Dallas, the lady at the AA counter verified all my documents even my office badge. If possible carry your office badge/ID card with you. If you don't have one it should be OK because you are not required to carry and you can always tell them that you are not carrying. Since I showed her my AP, she took all my documents including my badge to her supervisor for the approval and finally gave me the boarding pass. In DFW the immigration was like a piece of cake. I was the second person in the queue. CBP officer after taking my finger prints took me to an officer (Secondary Inspection). The officer at the Sec inspection verified all my documents in his system and asked me to show my EAD. After checking my EAD, he said its not mandatory to carry EAD but safe. The whole process took less than 15 minutes. Let me know if you have any other questions.
It's curious though why the guy wanted to see your EAD when EAD has nothing whatsoever to do with travelling.
Hi reddy77,
I recently traveled to Chennai. My H1b visa was expired in my passport and have an approved AP. I traveled through AA (Frankfurt) --> Gulf Airways (Bahrain) --> Madras and ultimately to Tirupati by Car, While going to India no one cared to ask for any documents not even in Frankfurt. By the way if you don't know this, you don't need a TV for Germany if you have AP. While coming back (I just came 2 weeks back), the officer at the Immigration counter looked at my passport and asked me how can i travel to US with an expired US Visa. I didn't give him my AP with my passport coz I was lazy to take AP from my bag. Finally I showed him my AP and he let me in. Now all the officers in India know about AP. They wont be surprised looking at the AP. In Bahrain I had a lay over of about 13 hours. Gulf Air gave me hotel accommodation. At the Bahrain immigration counter, the officer flipped 2-3 pages in my passport and didn't even care to look at my visa/AP. In Frankfurt, while boarding the AA flight to Dallas, the lady at the AA counter verified all my documents even my office badge. If possible carry your office badge/ID card with you. If you don't have one it should be OK because you are not required to carry and you can always tell them that you are not carrying. Since I showed her my AP, she took all my documents including my badge to her supervisor for the approval and finally gave me the boarding pass. In DFW the immigration was like a piece of cake. I was the second person in the queue. CBP officer after taking my finger prints took me to an officer (Secondary Inspection). The officer at the Sec inspection verified all my documents in his system and asked me to show my EAD. After checking my EAD, he said its not mandatory to carry EAD but safe. The whole process took less than 15 minutes. Let me know if you have any other questions.
more...
makeup Casey Anthony reacts in court
arihant
02-24 03:54 PM
Does anyone understand what is used to calculate the 3 year period for advanced degree olders?
Is the end of the three year period considered when you applied for LC, or when you apply for 485/140? Since, technically, people who are pending at the BEC as well as those who are affected by retrogression are still on NIV, and have not applied for immigrant Visa yet.
This point will have an impact on a lot of folks who may have applied for LC less than three years after getting their Degree but would have crossed that limit by the time they can apply for the immigrant Visa.
Is the end of the three year period considered when you applied for LC, or when you apply for 485/140? Since, technically, people who are pending at the BEC as well as those who are affected by retrogression are still on NIV, and have not applied for immigrant Visa yet.
This point will have an impact on a lot of folks who may have applied for LC less than three years after getting their Degree but would have crossed that limit by the time they can apply for the immigrant Visa.
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prashantc
01-25 02:37 AM
Well even if you use AP, you need a passport, dont you? And the passport must be with the Consulate pending stamping. So one way to get the passport back is to withdraw the visa application.
A question though: is'nt it abandoning your H1B1 visa tenure if you enter on AP even with a valid H1B remaining?
A question though: is'nt it abandoning your H1B1 visa tenure if you enter on AP even with a valid H1B remaining?
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bondgoli007
08-07 01:45 PM
You stand is understandable, but I still will urge you to join me. It is of course not illegal but unfair towards the people already in EB2 line. If there were no limits on visas, it will not have been an issue to begin with. Think about the depth of the issue.
Sunnysurya,
I am not arguing or obstinately stating my view. I am genuinely confused.
I am not sure how it is unfair on EB2. Didn't these folks apply for GC before us legally and stand in line sincerely (no labor subs) AND gather pertinent work exp and education?
I understand you are working on getting the numbers. I would wait to hear from you with those numbers.
It is one thing to feel wronged seeing a few examples of people abusing the porting but quite another to have a lawsuit alleging that this is a widespread activity and it is causing grievous delays for the ones waiting in EB2. I really don't believe it and feel it is insulting to a large majority of highly skilled and hard working immigrants who have/will legally port their EB3 PDs to EB2.
Regards.
Sunnysurya,
I am not arguing or obstinately stating my view. I am genuinely confused.
I am not sure how it is unfair on EB2. Didn't these folks apply for GC before us legally and stand in line sincerely (no labor subs) AND gather pertinent work exp and education?
I understand you are working on getting the numbers. I would wait to hear from you with those numbers.
It is one thing to feel wronged seeing a few examples of people abusing the porting but quite another to have a lawsuit alleging that this is a widespread activity and it is causing grievous delays for the ones waiting in EB2. I really don't believe it and feel it is insulting to a large majority of highly skilled and hard working immigrants who have/will legally port their EB3 PDs to EB2.
Regards.
spatial
08-20 01:17 PM
That is not true...If you look at the Visa Bullettin, it says
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any umbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Based on the above EB1 spills over to EB2 first.....Eb3 gets unused EB2.
EB3 gets EB1 only if it is not used by EB1.
I'm EB3-I with Oct 2003 PD and I understand your frustration. There is hope only if a legislation change happens. Based on my calculation, there are about 50K to 60K EB3-I pending before me.
Thanks,
G
It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.
"
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any umbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Based on the above EB1 spills over to EB2 first.....Eb3 gets unused EB2.
EB3 gets EB1 only if it is not used by EB1.
I'm EB3-I with Oct 2003 PD and I understand your frustration. There is hope only if a legislation change happens. Based on my calculation, there are about 50K to 60K EB3-I pending before me.
Thanks,
G
It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.
"
appusheth
05-26 11:58 AM
Hello,
Citizen of India.
1st H1 valid until Sept 2008.
Consultate for CP will be Mumbai, India.
I have a couple of questions pertaining to GC.
My LC is approved 2 days back (Filed - May 17, Approved - May 25) I didnt know this happens so fast. We have not yet received the cetitified documents from the department so I dont know whether its EB2 or EB3.
My lawyer says it is upto the department to decide whether my case comes under EB2 or EB3? Is this right?
Now we plan to file the I-140 in June 07. Should I go for premium processing right from the first time? My company is ready to do this. But someone said on one of these websites that this creates a suspicion in the minds of the department. I dont know how true this is?
I am thinking to opt for Consular Processing. What do you recommend on this?
I have read that we can also file I-140/485 concurrently. What does that mean? I was under the impression that first I-140 needs to be approved and only then we can file the other papers.
I read in one of the posts that the 485 and EAD were approved becore I-140. How is that possible?
Now the main thing that is bothering me is the financial situation of the company. They have good money and they can afford to pay me well, but the old accountant messed up big time and filed all wrong taxes and di not maintain proper records etc. So on papers its not such a great company, but they have money for sure. How can this be a hurdle?
All your help will be highly appreciated.
Thank You.
Citizen of India.
1st H1 valid until Sept 2008.
Consultate for CP will be Mumbai, India.
I have a couple of questions pertaining to GC.
My LC is approved 2 days back (Filed - May 17, Approved - May 25) I didnt know this happens so fast. We have not yet received the cetitified documents from the department so I dont know whether its EB2 or EB3.
My lawyer says it is upto the department to decide whether my case comes under EB2 or EB3? Is this right?
Now we plan to file the I-140 in June 07. Should I go for premium processing right from the first time? My company is ready to do this. But someone said on one of these websites that this creates a suspicion in the minds of the department. I dont know how true this is?
I am thinking to opt for Consular Processing. What do you recommend on this?
I have read that we can also file I-140/485 concurrently. What does that mean? I was under the impression that first I-140 needs to be approved and only then we can file the other papers.
I read in one of the posts that the 485 and EAD were approved becore I-140. How is that possible?
Now the main thing that is bothering me is the financial situation of the company. They have good money and they can afford to pay me well, but the old accountant messed up big time and filed all wrong taxes and di not maintain proper records etc. So on papers its not such a great company, but they have money for sure. How can this be a hurdle?
All your help will be highly appreciated.
Thank You.
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