amsh
08-21 05:23 PM
I had got my EB3 priority date recaptured in EB2 I140 filed latter .After doing this ,I asked my lawyer to interfile the case (ask them write a letter to USCIS to convert my earlier filed I485 application in EB3 to EB2) .
My attorney said that ,this can only be done when priority date is current.But some people in similar condition ,told me that this interfile application can be written, even if the priority date is not current as there is no written procedure for it specified by USCIS .
And it is better to send that application ASAP ,as it might help my green card processing time ,since after getting that interfile application ,USCIS might go ahead and do the other procedures on it like name check and other check etc .My priority date is in EB2 India and 2 months away from this month priority dates announced by USCIS.
I have two questions
1)can the interfile application for I485 ,as specified above ,be send to USCIS ,even if the priority date is not current .
2)can it be send twice that is now when priority date is not current and latter when priority date becomes current ?
Best regards and thanks for helping !
My attorney said that ,this can only be done when priority date is current.But some people in similar condition ,told me that this interfile application can be written, even if the priority date is not current as there is no written procedure for it specified by USCIS .
And it is better to send that application ASAP ,as it might help my green card processing time ,since after getting that interfile application ,USCIS might go ahead and do the other procedures on it like name check and other check etc .My priority date is in EB2 India and 2 months away from this month priority dates announced by USCIS.
I have two questions
1)can the interfile application for I485 ,as specified above ,be send to USCIS ,even if the priority date is not current .
2)can it be send twice that is now when priority date is not current and latter when priority date becomes current ?
Best regards and thanks for helping !
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webm
05-28 10:43 PM
Hi everybody,
please help - the lawyer filed the original EAD/AP applications.
Now I want to renew it myself - Should I fill an additional form (G - something for changing representation)
if I am filing paper EAD/AP forms???
Thanks....
Yes file the G-28 forms as well..thats what i did too..
please help - the lawyer filed the original EAD/AP applications.
Now I want to renew it myself - Should I fill an additional form (G - something for changing representation)
if I am filing paper EAD/AP forms???
Thanks....
Yes file the G-28 forms as well..thats what i did too..
hdblue
04-18 03:10 AM
diptam - Thanks for the reply. The letters I had sent earlier is very similar to the template of the letter you posted. I am going to get new letters and send them over. Hopefully, it will get me out of this crazy 140 delay.
getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.
By the way, is it required to send 2 letters from each employer?
Hi,
Thank very much for posting. I have got some my experience lettter. I want share to this thread. I'll share soon again.
If you want to do more info, you also visit at: Experience letter (http://experienceletter.info)
Take care.
getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.
By the way, is it required to send 2 letters from each employer?
Hi,
Thank very much for posting. I have got some my experience lettter. I want share to this thread. I'll share soon again.
If you want to do more info, you also visit at: Experience letter (http://experienceletter.info)
Take care.
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himu73
09-17 12:27 PM
When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
You mean 3 copies are 3 originals right to be more clear. You can use only 1 original when you come back and get it stamped each time with a new date.
I have used the same orginal AP for at least 4 times now.
You can carry copies of the original just in case.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
You mean 3 copies are 3 originals right to be more clear. You can use only 1 original when you come back and get it stamped each time with a new date.
I have used the same orginal AP for at least 4 times now.
You can carry copies of the original just in case.
more...
yabadaba
11-19 05:08 PM
Looks like this is the system that USCIS has been saying they are working on to identify pending cases.
Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?
maybe u should write to the ombudsman and let them know that its not fair for people who dont have aila attorneys.
Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?
maybe u should write to the ombudsman and let them know that its not fair for people who dont have aila attorneys.
jthomas
12-11 08:45 PM
I paid 3500 dollars to the attorney for H1B transfer before 3 years. I don't know the USCIS fees
Thanks. These are the fees for a new H1B. Is procedure/fees same for transfer of H1B from one employer to another? How long does it take? I know USCIS posts processing times, but a first-hand information on employer transfer will be helpful.
Thanks. These are the fees for a new H1B. Is procedure/fees same for transfer of H1B from one employer to another? How long does it take? I know USCIS posts processing times, but a first-hand information on employer transfer will be helpful.
more...
qualified_trash
12-15 01:48 PM
My lawyer had the following lines on this issue:
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
LOL!!!
that is just your lawyer's way of sugarcoating the fact that you are screwed if you are from India. the 3 yr extension is available to everyone.
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
LOL!!!
that is just your lawyer's way of sugarcoating the fact that you are screwed if you are from India. the 3 yr extension is available to everyone.
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govindk
10-30 11:02 PM
My EAD is pending for more than 90 days now.My received date is 27th July and Notice date is 31st Aug. I called USCIS and told that my application is pending for more than 90 days. The Level 1 officer acknowledged the fact and escalated the call to Level 2. The level 2 IO was very rude and simply deny to accept the fact that 90 days are over. She simply said that the USCIS is counting 90 days from the notice date not the received date. I told her that It is mentioned on the USCIS website that 90 days are from the received date. The IO officer scolded at me and said if I don't believe her words, then do not call USCIS.:mad:
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
more...
santa123
01-23 01:40 PM
CIS Ombudsman - Send Your Recommendations
Looks like another good opportunity to express our hardships and seek CHANGE. Pls write to CIS.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Looks like another good opportunity to express our hardships and seek CHANGE. Pls write to CIS.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
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bushman06
08-21 02:48 PM
Immigration officer gave I94 date till my visa expired.
more...
anu_t
05-13 04:53 PM
His position requires Masters Degree
The thing about EB2 is , "The job description needs to be specific." I have a experience that , lawyer gets scared when the job description is vague.
just "masters degree required" is sometimes not enough.
The thing about EB2 is , "The job description needs to be specific." I have a experience that , lawyer gets scared when the job description is vague.
just "masters degree required" is sometimes not enough.
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Imm_Exploited
07-23 02:15 AM
rdehar,
I cannot agree with you more. The God-damn Labor Sub was the one of the main causes for the torturous retrogression of EB-based PDs.
Some one correct me if I am wrong; the majority of members on these forums are from India and no one can convince me that this GC wait is NOT absurd.
If the US is benefited from the skilled employees from India and they are not scared of these highly skilled personnel from overtaking the white Americans, starting their own businesses and demanding more moolah for their skills, they would have opened up the GC gates long back.
Free Market My Foot!! If the US did not have me as a bonded slave (read H1B + pending EB status) since last six years, I would have been a millionaire here like any other high school graduate could be. The laws for immigrants here are more stringent than those that are prevalent in communist China.
And one last thing, please nobody advise me to go back home because I am here in the US since it is worse in India. This is a nation of immigrants, and we all should sustain and reiterate it, time and again.
Sincerely - IE
I cannot agree with you more. The God-damn Labor Sub was the one of the main causes for the torturous retrogression of EB-based PDs.
Some one correct me if I am wrong; the majority of members on these forums are from India and no one can convince me that this GC wait is NOT absurd.
If the US is benefited from the skilled employees from India and they are not scared of these highly skilled personnel from overtaking the white Americans, starting their own businesses and demanding more moolah for their skills, they would have opened up the GC gates long back.
Free Market My Foot!! If the US did not have me as a bonded slave (read H1B + pending EB status) since last six years, I would have been a millionaire here like any other high school graduate could be. The laws for immigrants here are more stringent than those that are prevalent in communist China.
And one last thing, please nobody advise me to go back home because I am here in the US since it is worse in India. This is a nation of immigrants, and we all should sustain and reiterate it, time and again.
Sincerely - IE
more...
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Macaca
01-22 06:22 PM
My company filed my (non-PERM) LC before I joined the company. I was on H1B with another organization. My LC was approved immediately after I joined the company.
I don't know if there is a point at which the person should join the company that has already started processing his/her GC. I know that you can get GC before joining the company processing your GC; for example, if person is not in the country.
All,
Please help with contributions. If you have contributed, please help in contributions from other persons. Thanks.
I don't know if there is a point at which the person should join the company that has already started processing his/her GC. I know that you can get GC before joining the company processing your GC; for example, if person is not in the country.
All,
Please help with contributions. If you have contributed, please help in contributions from other persons. Thanks.
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softwareguy
07-05 12:14 PM
Pick your battles!!
Battle ONE:
Make USCIS do or prove otherwise that what they publish and say is useless. So why publish at all.
BENEFITS:
1. My wife can work.
2. My son can get scholarships in college.
3. I can change jobs - so what if it is similar.
Battle TWO:
When I sink in Glory of winning battle #1 - I would definitely participate in getting Visa # increased - The longer and more difficult of the TWO Battles.
BTW - Let me know if battle # 2 is easier.
I do not know why is everyone facing "Attention Deficit Disorder".
Battle ONE:
Make USCIS do or prove otherwise that what they publish and say is useless. So why publish at all.
BENEFITS:
1. My wife can work.
2. My son can get scholarships in college.
3. I can change jobs - so what if it is similar.
Battle TWO:
When I sink in Glory of winning battle #1 - I would definitely participate in getting Visa # increased - The longer and more difficult of the TWO Battles.
BTW - Let me know if battle # 2 is easier.
I do not know why is everyone facing "Attention Deficit Disorder".
more...
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dealsnet
08-14 01:05 PM
It is pure luck. It depends on where your file in the USCIS rack. They will take easy accessible file for approval. No specific criterea. Only thing is your PD must current. They will approve 2006 when 2001 PD still on their shelf.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
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rharan
05-02 02:29 PM
Hello All,
My RIR (EB3) is still pending and the PD is Nov 2004.
My Perm (EB3) got approved April 2007.
Now I'm on 7th year H1b based on my RIR date.
If i file 140 based PERM and PD will be april 2007, If approved I'm eligible for 3 years H1 extension.
What happen if my RIR got approved? Can I file another I140 and retain my PD as Nov 2004?
Pl. advice.
Thanks
My RIR (EB3) is still pending and the PD is Nov 2004.
My Perm (EB3) got approved April 2007.
Now I'm on 7th year H1b based on my RIR date.
If i file 140 based PERM and PD will be april 2007, If approved I'm eligible for 3 years H1 extension.
What happen if my RIR got approved? Can I file another I140 and retain my PD as Nov 2004?
Pl. advice.
Thanks
more...
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jthomas
06-10 01:50 AM
The employer would offer you (and only you) one way ticket to the final destination to your country. You have to bear the cost of your family members.
If you wish, you can
1. Highlight your skills in this forumn, maybe someone would be able to help.
2. Join IVjobhunters group and check the PERM employers who have earlier hired H1B and apply to them. There are more than hundreds of employers in each field. In IT its more than thousands (around 60 thousand at least). If you need help in this area PM me.
To all other readers,
1. Join IVjobhunters group and help others to find a job. If you are looking for a job please enter your info in the spreadsheet. Ask for help.
2. there are other members in your field. Ask for their suggestion/help.
3. Post any openings if you know.
4.. Most important, This group main objective is to help IV members to find a job. If you have any suggestion please feel free to do so if it helps someone. Some may come up with list of recruiters, some with list of interview questions etc... If you wish to modify the group which would help IV members to find job faster please come up with suggestions.
J thomas
If you wish, you can
1. Highlight your skills in this forumn, maybe someone would be able to help.
2. Join IVjobhunters group and check the PERM employers who have earlier hired H1B and apply to them. There are more than hundreds of employers in each field. In IT its more than thousands (around 60 thousand at least). If you need help in this area PM me.
To all other readers,
1. Join IVjobhunters group and help others to find a job. If you are looking for a job please enter your info in the spreadsheet. Ask for help.
2. there are other members in your field. Ask for their suggestion/help.
3. Post any openings if you know.
4.. Most important, This group main objective is to help IV members to find a job. If you have any suggestion please feel free to do so if it helps someone. Some may come up with list of recruiters, some with list of interview questions etc... If you wish to modify the group which would help IV members to find job faster please come up with suggestions.
J thomas
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kriskris
08-22 02:35 PM
there are no issues: your H1 and 485 are independent (until the 485 is approved, at which point your H1 is invalid). Until then, even if you have filed your 485, whether you have receipts or not you can keep filing extensions and getting new I-94s. You can also transfer your H1 around (better to do after 180 days and invoke AC21) whether you have a 485 receipt or not.
dont worry, go ahead and bump up your H1 extension to PP. As long as you qualify for the extension (LC >365 days or 140 approved) you will get it and your 485 continues getting processed independently.
Thanks for the reply gc_chahiye.
If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????
dont worry, go ahead and bump up your H1 extension to PP. As long as you qualify for the extension (LC >365 days or 140 approved) you will get it and your 485 continues getting processed independently.
Thanks for the reply gc_chahiye.
If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????
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Redeye
08-21 03:08 PM
Even though you wanted to file a lawsuit against EB3( I am EB3 2004, with US Masters and Indian Bachelors both in Computer Science) I will still go ahead give you some suggestions.
1) I am guessing since you are working for consulting company, you might have worked at client places here in US. Nowadays everyone is in the fashion of opening their own India office like Target, BOA etc. So if you have worked with these clients and have good references from a PM or VP then you might be able to get in India office fairly easily and with really good pay. You could try for managerial roles.
2)As someone suggested Real Estate is another option
3) Otherthing to look in to is opening a school, this will help serve the community and also make money for you. Schools in India are going nowhere, so very less risk.
Hope this helps you...but what I am not sure from your statements is, are you frustrated with the wait for GC or are you frustrated with making less than what you should be making or are you frustrated in general?
Do not know your age, could be mid life crisis :D think about it....take a vacation....
I am almost there and expecting green card approval anytime. But now I am having second thoughts now. The desi consulting company I work for had eight people a year ago and two of them now going back (and one more is negotiating) at salaries 20-35 lacs. Has anyone explored Indian job market, if yes then what is hot?
1) I am guessing since you are working for consulting company, you might have worked at client places here in US. Nowadays everyone is in the fashion of opening their own India office like Target, BOA etc. So if you have worked with these clients and have good references from a PM or VP then you might be able to get in India office fairly easily and with really good pay. You could try for managerial roles.
2)As someone suggested Real Estate is another option
3) Otherthing to look in to is opening a school, this will help serve the community and also make money for you. Schools in India are going nowhere, so very less risk.
Hope this helps you...but what I am not sure from your statements is, are you frustrated with the wait for GC or are you frustrated with making less than what you should be making or are you frustrated in general?
Do not know your age, could be mid life crisis :D think about it....take a vacation....
I am almost there and expecting green card approval anytime. But now I am having second thoughts now. The desi consulting company I work for had eight people a year ago and two of them now going back (and one more is negotiating) at salaries 20-35 lacs. Has anyone explored Indian job market, if yes then what is hot?
immuser
11-01 06:16 PM
http://content.msn.co.in/News/International/InternationalHinT_011107_0847.htm
London: Employment prospects for Indians in Britain could well be hit by the recent revelation that 52 per cent of all new jobs created in the country over the past decade have gone to immigrants.
According to Britain’s National Statistics Office, 1.1 million of the 2.1 million new jobs that have arisen since 1997 have been bagged by people of non-British origin.
Another government study released a few days earlier had shown that migrant workers earned on an average �424 a week, while British workers got �395. Foreign born workers, at an estimated 1.5 million, comprised 12.5 per cent of Britain’s workforce, compared to 7.4 per cent a decade ago.
“Any move to control immigration will affect Indian professionals the most,” said Amit Kapadia, convenor of the Asian organisation Highly Skilled Migrant Professionals.
The findings have revived old fears of migrants leaving local workers jobless. They raised such a furore that Prime Minister Gordon Brown intervened on Wednesday declaring plans were being finalised to control the influx of foreign workers.
These included introducing a points-based system which would give priority to immigrants with skills needed in Britain, and if required, shut out the others.
“Over the next few months, we have decided on changes... so that people can be sure we are taking action that is necessary,” Brown said
London: Employment prospects for Indians in Britain could well be hit by the recent revelation that 52 per cent of all new jobs created in the country over the past decade have gone to immigrants.
According to Britain’s National Statistics Office, 1.1 million of the 2.1 million new jobs that have arisen since 1997 have been bagged by people of non-British origin.
Another government study released a few days earlier had shown that migrant workers earned on an average �424 a week, while British workers got �395. Foreign born workers, at an estimated 1.5 million, comprised 12.5 per cent of Britain’s workforce, compared to 7.4 per cent a decade ago.
“Any move to control immigration will affect Indian professionals the most,” said Amit Kapadia, convenor of the Asian organisation Highly Skilled Migrant Professionals.
The findings have revived old fears of migrants leaving local workers jobless. They raised such a furore that Prime Minister Gordon Brown intervened on Wednesday declaring plans were being finalised to control the influx of foreign workers.
These included introducing a points-based system which would give priority to immigrants with skills needed in Britain, and if required, shut out the others.
“Over the next few months, we have decided on changes... so that people can be sure we are taking action that is necessary,” Brown said
prouddesi
10-15 05:08 PM
^^^^^^
Hello Folks,
We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.
Venue: Diwali Mela, San Diego.
Date: Saturday, November 10th.
Target: A whopping 5000 visitors for recruitment and educational purposes.
I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!
PLEASE SIGN-UP on the yahoo groups spreadsheet.
Thank you in advance! :)
Hello Folks,
We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.
Venue: Diwali Mela, San Diego.
Date: Saturday, November 10th.
Target: A whopping 5000 visitors for recruitment and educational purposes.
I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!
PLEASE SIGN-UP on the yahoo groups spreadsheet.
Thank you in advance! :)
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