Tuesday, 7 June 2011

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  • logiclife
    02-19 11:42 AM
    I have been thinking about choosing between EB3 and EB2. I hold a Masters degree from US and have 2 yrs of experience. I am wondering whether to go in EB3 (which is very simple and easy to get with no scrutiny - SURE TO GET APPROVED) and wait for a very long time in the queue OR go for EB2 (which is more difficult and have to pass through all the scrutiny from I-140) and then wait, whose waiting time might be lesser than EB3's


    Which one is best to do ? Your suggestions please.

    This is a wrong conventional belief. It has been far too many times written about and has now become conventional wisdom, that EB2 or EB1 is determined by the qualification of the employee.

    That is only 1 of the 2 things needed to get a case approved under EB2. The other requirement is that the job description and the position must require a person of EB2 qualifications. The position being filled by MS plus 2 years, or BS plus 5 years should be the kind of position that cannot be filled by a lesser qualified employee.

    So basically, you can be a Ph.D. from Harvard university with 10 years experience. But if your Greencard is filed for a job that requires someone with BS plus 2 years experience and can be filled by an EB3 candidate, then your case cannot be approved as EB2 even though your qualifications can make you fit for EB2.

    Now about the priority dates. See EB2 is right now ahead of EB3. However, the continuation of that is totally dependent on many factors.

    1. Future laws. What if EB2 percentages decrease?
    2. EB1 spillover. How many EB1s are unused and spill over into EB2.
    3. Your chargability, (country of birth), is ofcourse important. India and China EB2 may not be moving ahead this year AT ALL unless there is change in quota.
    4. The future applicants for EB2. We dont know about the labor files in backlog centers and how many of those are EB2 and how many are EB3. Of that, how much more crowded would be EB2 or EB3.

    It is IMPOSSIBLE to predict which one would be better off. Impossible.





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  • cox
    May 25th, 2005, 07:07 PM
    For an 'old school' recommendation, forget auto, firmware, default settings, etc. Switch to manual mode and play with the shutter/aperture yourself. It's more fun in the end!





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  • njdude26
    04-08 08:05 AM
    What all papers did you have. Can you please give me a list... I did my H1B renewal in Toronto Last Feb without problem. I have Indian Bachelors Degree in Engineering. Renewal went very smoothly. I had all my papers with me as required.





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  • REQUIRE_GC
    08-03 11:14 PM
    I have a follow-up question. If I do not get my EAD before my current one expires, am i out of status? I have a LIN number for the renewal submission.

    As long as You have Applied in Time You are not Out of status. If you have crossed 90 days , you can go to local immigration office and request for the temporary permit.

    I submitted renewal on July 12, and I received an email on saturday for Card Production ordered and I did not receive any FP notice for renewal.

    Hope this answers your question



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  • mlk
    10-20 02:12 PM
    but you had a chick.





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  • p7810456
    06-22 07:55 PM
    If i were you,I will prioritize what i want ?Filing 485 or a Married Name.If you want to change your name it can be done on any day after getting the GC ,after becoming a Citizen.

    Royus.. said it right. I don't think changing the last name before GC is a "must". Name can be changed at anytime after GC is done.. even if taking GC takes few years. There are millions of couple in US where husband and wife uses different last name. My wife has been the same way for last 7 years.. and never faced any issue. She got it changed last year just for grins.



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  • rbharol
    08-23 04:34 PM
    I talked to the contact person at competeamerica.org

    According to him They won�t vote on any immigration bills till after the election.

    So it seems it will be after november only.

    But look at the positive side. We have more time to contact the law makers.





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  • ksrk
    06-02 03:51 PM
    Hi,

    I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.

    Now -- I need to change employers as my employer is asking me to become full time from consulting.

    2 questions:
    1. Can I use this extension to change employers?

    2. Can I start the GC process with the 140 priority date? (Feb '08)?

    Thanks

    PS: I apologize if this is in the wrong forum.

    You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.

    This is not legal advise - a lawyer consultation is highly recommended.



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  • TomPlate
    07-17 10:35 PM
    You should not have a problem. But you will get an RFE and then you need to complete. But good if you can get medical examination completed, because almost everyone would have put that shot in India. Convey your doctor to say yes and complete it.





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  • surabhi
    05-21 09:29 AM
    (a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category

    (b) I have an approved I-140

    (c) My 485 has not been filed yet

    (d) I just got my H1 approved and it would be effective from Oct 1 2008

    So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,

    1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)

    2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?

    3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?

    4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)

    5) Within how many days of joining my new Employer B should I file my new I-140?

    6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?

    7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?

    Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.

    1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)

    2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
    3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
    4.there is no premium processing yet for I-140
    5.It has no bearing. Its upto you.
    6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
    7. See above

    this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.



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  • anilsal
    08-24 09:50 AM
    It may be true that the representatives are looking forward to the elections. But we should make an effort to make them (and maybe the folks who contest against them) knowledgeable about issues faced by Skilled "backlogged" people, in the immigration circus.

    On a lighter side, sipping tea is good
    http://news.bbc.co.uk/2/hi/health/5281046.stm

    There is a good news for an ardent Tea drinker in me (the only good news happening. :) )





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  • psk79
    08-13 06:09 PM
    Its been 2 weeks that I have received my receipts for 485,765,131 from NSC. Thanks

    ihabosman and MUKRAW6,

    Do any of you guys have a TSC approved I140??????????????

    THANKSSSSSSSSSS for your REPLY



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  • rajeshalex
    09-11 01:44 PM
    Good idea. We can also say thank you for what ever USCIS has done.[ july fiasco]





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  • Dhundhun
    04-24 12:31 PM
    Hey god_bless_you,

    God gave me a RED DOT.

    Anyway, congrats again.

    Enjoy.



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  • Devils_Advocate
    08-20 03:58 PM
    You must have gotten a Deportation form, where one of the category ( 5 year ban) must have been checked, that means you cant enter for 5 years.

    Did you file that income as a tax return??





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  • JBarnhill
    March 4th, 2010, 11:55 AM
    Just saw how old this post was!! Sorry

    I-94 expired [Archive] - Immigration Voice

    View Full Version : I-94 expired




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  • sc3
    08-28 02:46 PM
    That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.

    Quite a lot of legal filers from 2001 had been stuck in BEC. They are now coming out to apply (in the poll you started there are about 2.5% of applicants with PD in 2001!!!) , others are people who substituted (both with buying and using old labors within their companies) their labor certificates last year -- so definitely we will still see some Pre2002 applications, but is it enough to derail the movement of EB3 for another year? That is not clear.





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  • HumHongeKamiyab
    03-16 12:18 PM
    Agreed.. But again something has to trigger the movement. Eg. I can understand that happening, if you file AC21 and you receive RFE. Or Your GC filing employer revoking your I 140 and you receive I-485 Denial letter etc.

    Or it can simply happen any time?





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  • madan
    01-11 12:13 PM
    Thanks So much for the Answers.

    Can you please answer one more Question?

    I m not updating the INS regarding the Divorce, when my new wife attaends the H4, she would show the Divorce and Remarried certficate to the Consulate is that good enough so that they would take care of evrything?

    Thank you again





    god_bless_you
    04-23 10:40 PM
    Finally, My I-485 got approved.
    PD:MARCH2002, EB2, INDIA
    RD: MARCH 2007
    Thank you All!!
    :)





    roseball
    03-29 08:43 PM
    I got the RFE notification in the mail yesterday and here is the RFE info:

    The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".


    I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.


    1) Did anyone receive such RFE?
    2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?

    3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
    Is there a way to buy some more time if i cant respond back in 3-4 business days?


    Please advice. I really appreciate your help!

    Thanks in advance.

    Firstly, its good that USCIS is infact tracking all approved I-140s based on applicant's profile in order to adjudicate cases which have an available visa number based on PD porting.

    In your case, technically, you can only request to tag your I-485 to the EB-2 I-140 only when the EB-2 sponsoring employer is still willing to employ you when your I-485 is approved. You need to consider a situation of USCIS issuing another RFE in addition to your transfer letter, to produce an employment verification letter from your EB-2 employer. Best thing to do is to get in touch with your EB-2 employer and check to see if he is still willing to support you. In that case, you can request for transfer. Otherwise, technically, you cannot transfer your case but can continue your case in EB-3. Obviously, getting an expert opinion from a good attorney is key as time is running out.



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