ash0210
09-08 08:01 PM
Interesting thread but NO Radio Button to vote...
Please respond so that we can get an idea of the distribution of EB cases. Thanks to MrWaitingGC for the initiative.
Please respond so that we can get an idea of the distribution of EB cases. Thanks to MrWaitingGC for the initiative.
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GCHope2011
09-07 04:33 AM
Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
bsbawa10
02-18 06:32 AM
I am a july filer too.. but neither me nor my wife ever received FP notices... not even the first time.
My lawyer and myself contacted USCIS several times over the phone and each time they opened a case for review and replied saying they'll contact me if they need anything.
Anyone else in the same situation as mine?
pal
Mysterious are the ways of USCIS :-) There is no place where there is any consistency at all..
My lawyer and myself contacted USCIS several times over the phone and each time they opened a case for review and replied saying they'll contact me if they need anything.
Anyone else in the same situation as mine?
pal
Mysterious are the ways of USCIS :-) There is no place where there is any consistency at all..
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hpandey
12-30 09:05 PM
hi All,
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
I think its risky everywhere Mexico\Canada\India with a one person company. So make sure you have a valid F1 to come back or I would suggest that you wait for some more time so that you have more paystubs \ company has good annual returns so that you have all kind of documentation to show what the officers would ask you .
On a separate note I hope you know about the PIMS rule for visa stamping due to which it might take more time for visa stamping ( they say two days approx. but could be more ) . So if you do decide to go to Mexico plan to stay there appropriately due to this new visa stamping process ( has the PIMS process already begun ?? )
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
I think its risky everywhere Mexico\Canada\India with a one person company. So make sure you have a valid F1 to come back or I would suggest that you wait for some more time so that you have more paystubs \ company has good annual returns so that you have all kind of documentation to show what the officers would ask you .
On a separate note I hope you know about the PIMS rule for visa stamping due to which it might take more time for visa stamping ( they say two days approx. but could be more ) . So if you do decide to go to Mexico plan to stay there appropriately due to this new visa stamping process ( has the PIMS process already begun ?? )
more...
sam_hoosier
12-15 09:37 PM
Hi All,
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
System Consultant role might be an EB2 role i.e.require a Masters degree, but it probably does not require Accounting (CA) qualifications.
So it would be tough to make a case for EB2.
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
System Consultant role might be an EB2 role i.e.require a Masters degree, but it probably does not require Accounting (CA) qualifications.
So it would be tough to make a case for EB2.
ivar
04-29 09:43 AM
when u file for the new 140..u are supposed to send in theold approved 140 and request for porting.. thats how my attorney did..
finally i got the 140 from my employer..and my date was ported successfully..so its all good.
Happy to know that you got your I-140 approved with old priority date. Is there any link or formal document which suggest that we can file new I-140 along with a copy of old I-140 to retain older priority date. My attorney doesn't agree to this, he says that we need to get the new I-140 approved first and than file for porting the date seperately. If there is any link or document which can suggest that we can file new I-140 with copy of older approved I-140 it will be of great help. I appreciate your reply to my post.
Thank you.
finally i got the 140 from my employer..and my date was ported successfully..so its all good.
Happy to know that you got your I-140 approved with old priority date. Is there any link or formal document which suggest that we can file new I-140 along with a copy of old I-140 to retain older priority date. My attorney doesn't agree to this, he says that we need to get the new I-140 approved first and than file for porting the date seperately. If there is any link or document which can suggest that we can file new I-140 with copy of older approved I-140 it will be of great help. I appreciate your reply to my post.
Thank you.
more...
rajsand
09-20 01:38 PM
Hey Jaime you seem to be all charged up!!
Great energy, will inspire many!!
Hope we have one more rally soon!
Great energy, will inspire many!!
Hope we have one more rally soon!
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nousername
10-09 04:01 PM
Thanks everyone for sharing your experience.. After reading your post I was much relaxed to use AP at SFO to reenter.
I just returned and immigration check went very smoothly. It took 30 mnts to get to the first IO (as couple of flights landed at the same time) . He asked me to go for the secondary inspection and I was out within 20 mnts tops. No questions asked, just asked to sit. My IO was normal but there was another female IO who was acting stuck up with others.
A very smooth experience..! wife , Son and I came back on last Sunday on AP. No issues whatsoever. Had to go through secondary inspection but was through in 35-40 mins.
I just returned and immigration check went very smoothly. It took 30 mnts to get to the first IO (as couple of flights landed at the same time) . He asked me to go for the secondary inspection and I was out within 20 mnts tops. No questions asked, just asked to sit. My IO was normal but there was another female IO who was acting stuck up with others.
A very smooth experience..! wife , Son and I came back on last Sunday on AP. No issues whatsoever. Had to go through secondary inspection but was through in 35-40 mins.
more...
gc_wow
10-26 07:42 PM
Talk to cop in Telugu, legally in any democratic country you are free to choose the religion you want or language you like.
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Berkeleybee
04-26 12:01 PM
All,
I want to make sure we acknowledge every contribution our members make, monetary and in terms of ideas.
As I said in the main thread (http://immigrationvoice.org/forum/showpost.php?p=9780&postcount=33) it was posts on the forum by virtual55, jkays94 and cpolisetti that set the WaPo ball rolling.
Thank you to them and every member who does his or her part in big and small ways.
best,
Berkeleybee
I want to make sure we acknowledge every contribution our members make, monetary and in terms of ideas.
As I said in the main thread (http://immigrationvoice.org/forum/showpost.php?p=9780&postcount=33) it was posts on the forum by virtual55, jkays94 and cpolisetti that set the WaPo ball rolling.
Thank you to them and every member who does his or her part in big and small ways.
best,
Berkeleybee
more...
texcan
02-16 11:11 AM
hi there is a clause "same or similar field", so as per shiela murthy, ron gotcher and prashanthi reddy, as long as you are in a IT related job its ok, you cannot go from IT to healthcare or cross fields.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.
My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...
Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....
I say go for the advancement in career, you are not doing anything wrong.
My 2 cents.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.
My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...
Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....
I say go for the advancement in career, you are not doing anything wrong.
My 2 cents.
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reddog
03-27 10:45 AM
Need advise - bumping this up...
Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?
I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.
Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?
Also, whether some kind of delivery tracking can be done on PO box addresses?
Please advise folks... Thanks in advance for your help!
Always used fedex and used this address
For private courier (non-USPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?
I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.
Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?
Also, whether some kind of delivery tracking can be done on PO box addresses?
Please advise folks... Thanks in advance for your help!
Always used fedex and used this address
For private courier (non-USPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
more...
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frostrated
09-05 06:11 AM
I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
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IntezarGCKA
02-17 11:32 AM
I am a new member of this org. I read about Immigration Voice on MSNBC and joined in.
This is the first organization that I have ever heard in my entire carrier who has taken up work upto this extent.
I am happy to be a part of this.
This is the first organization that I have ever heard in my entire carrier who has taken up work upto this extent.
I am happy to be a part of this.
more...
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ilamurughu
06-20 10:46 AM
Hello -
I sent an email long back on joining OK State chapter and still awaiting reply.
Hoping that OK chapter is active.
I am in Moore, OK and looking for updated information posted by Pappu.
My case details :
EB3 with PD Oct 2003.
I-140 : Approved.
485 - Applied July 2007.
EAD/AP - Awaiting receipt for renewal.
I sent an email long back on joining OK State chapter and still awaiting reply.
Hoping that OK chapter is active.
I am in Moore, OK and looking for updated information posted by Pappu.
My case details :
EB3 with PD Oct 2003.
I-140 : Approved.
485 - Applied July 2007.
EAD/AP - Awaiting receipt for renewal.
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JunRN
12-18 04:57 PM
Thanks for the link. It is really very helpful.
That is another risk of AC21. Remember that AC21 is just a rule and can be changed anytime. For example, the current AC21 rule is not requiring proof of ability to pay of the new employer. What if in the future they change the rules of the game and you are in the middle of it, you found out that your new employer is not cooperating regarding sending documents, etc.
Darn, am I stupid or what? I felt am I just chicken or am I just being wise?
Probable change in AC21 rules are these additional requirements:
1. New employer's ability to pay
2. New LC for the same occupation
The more we talk of using AC21 even before 180 days, the more USCIS will suspect of fraud.
That is another risk of AC21. Remember that AC21 is just a rule and can be changed anytime. For example, the current AC21 rule is not requiring proof of ability to pay of the new employer. What if in the future they change the rules of the game and you are in the middle of it, you found out that your new employer is not cooperating regarding sending documents, etc.
Darn, am I stupid or what? I felt am I just chicken or am I just being wise?
Probable change in AC21 rules are these additional requirements:
1. New employer's ability to pay
2. New LC for the same occupation
The more we talk of using AC21 even before 180 days, the more USCIS will suspect of fraud.
more...
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mhtanim
09-07 05:29 AM
What a joke! Their system does not work so we will have to pay the price!
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va_dude
05-07 12:52 PM
it doesn't boil down to who you trust more. Both opinions have its merits.
But you should base your decision on whether or not you have truly ported to a job with similar duties and if you have the paperwork to prove it. If you have all this, then evn if you do get RFE its not a bad thing, since you can prove that you did no wrong.
Just my 2 cents.
But you should base your decision on whether or not you have truly ported to a job with similar duties and if you have the paperwork to prove it. If you have all this, then evn if you do get RFE its not a bad thing, since you can prove that you did no wrong.
Just my 2 cents.
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ragz4u
03-06 12:46 PM
i contacted Senator dewine, urging him to back the PACE act
here is the reply i got
keep ur fingers crossed:)
Dear xxxxxx
Thank you for contacting me regarding illegal immigration. I agree
that
illegal immigration is a very serious problem and appreciate knowing
your
views.
Currently, there are approximately 11 million undocumented immigrants
in
the United States, with close to 1 million more arriving every year.
Yet,
our current immigration system is broken. It is a system that is not
good
for American security, particularly during our fight to combat
international terrorism. It is not good for American workers and
businesses. And, it is not good for the immigrants, themselves.
To tackle this problem, we must have a comprehensive immigration plan
that
toughens our borders, documents illegal immigrants, and provides for
American labor needs. The Senate Judiciary Committee, of which I am a
member, is set to take up immigration reform soon. In fact, several
immigration bills are currently pending before the Committee, including
a
border protection bill passed by the House of Representatives in
December
2005. As the Judiciary and the full Senate debate immigration reform,
I
will be certain to keep your views in mind.
Again, thank you for contacting me. If you have any additional
concerns,
please feel free to contact me anytime.
Very respectfully yours,
MIKE DeWINE
United States Senator
RMD/bf
Disclaimer: The email account that this message originated from does
not
accept inbound messages, therefore please send all electronic
correspondence through our webform located at:
http://dewine.senate.gov.
This proves that the faxes sent via the webfax features are actually reaching the senators. I received a reply from Senator Specter's office too.
As far as the content of the replies goes, this proves again that to a lot of lawmakers, immigration = ILLEGAL immigration. It is upto us to educate them of our plight too.
Wam4Wam, can you call up your senator's office and speak to the immigration liaision? Explain to him that when you sent the fax to them, you had asked for considering pro immigrant legislation for legal immigrants.
You can ask the liaision for a meeting too. We have all the necessary resources you need for such a meeting on our resources website. The CA team has been successfully using these resources. And please update this thread too so that others may learn from you
here is the reply i got
keep ur fingers crossed:)
Dear xxxxxx
Thank you for contacting me regarding illegal immigration. I agree
that
illegal immigration is a very serious problem and appreciate knowing
your
views.
Currently, there are approximately 11 million undocumented immigrants
in
the United States, with close to 1 million more arriving every year.
Yet,
our current immigration system is broken. It is a system that is not
good
for American security, particularly during our fight to combat
international terrorism. It is not good for American workers and
businesses. And, it is not good for the immigrants, themselves.
To tackle this problem, we must have a comprehensive immigration plan
that
toughens our borders, documents illegal immigrants, and provides for
American labor needs. The Senate Judiciary Committee, of which I am a
member, is set to take up immigration reform soon. In fact, several
immigration bills are currently pending before the Committee, including
a
border protection bill passed by the House of Representatives in
December
2005. As the Judiciary and the full Senate debate immigration reform,
I
will be certain to keep your views in mind.
Again, thank you for contacting me. If you have any additional
concerns,
please feel free to contact me anytime.
Very respectfully yours,
MIKE DeWINE
United States Senator
RMD/bf
Disclaimer: The email account that this message originated from does
not
accept inbound messages, therefore please send all electronic
correspondence through our webform located at:
http://dewine.senate.gov.
This proves that the faxes sent via the webfax features are actually reaching the senators. I received a reply from Senator Specter's office too.
As far as the content of the replies goes, this proves again that to a lot of lawmakers, immigration = ILLEGAL immigration. It is upto us to educate them of our plight too.
Wam4Wam, can you call up your senator's office and speak to the immigration liaision? Explain to him that when you sent the fax to them, you had asked for considering pro immigrant legislation for legal immigrants.
You can ask the liaision for a meeting too. We have all the necessary resources you need for such a meeting on our resources website. The CA team has been successfully using these resources. And please update this thread too so that others may learn from you
pradeepd
01-23 12:12 AM
Hi,
I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)
I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns
1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped
My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.
I need your urgent help and all of your comments and suggestions are greatly appreciated.
Thanks,
Sudha
I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)
I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns
1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped
My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.
I need your urgent help and all of your comments and suggestions are greatly appreciated.
Thanks,
Sudha
srikondoji
07-27 03:26 PM
What you said is true.
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
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