stucklabor
06-20 09:54 AM
stucklabor,
Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.
Sroym, you are missing the point. If it is only about 20% of the people who are stuck in name check - for whatever reason - the proportion is going to remain the same once the 250K+200K that we are talking about get to that stage. 80% of the people are NOT going to be stuck. IV has limited resources. We can't focus on all the issues all the time. It is the greatest good for the greatest number. You are focusing on greatest good. We are focusing on the whole.
Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.
Sroym, you are missing the point. If it is only about 20% of the people who are stuck in name check - for whatever reason - the proportion is going to remain the same once the 250K+200K that we are talking about get to that stage. 80% of the people are NOT going to be stuck. IV has limited resources. We can't focus on all the issues all the time. It is the greatest good for the greatest number. You are focusing on greatest good. We are focusing on the whole.
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satishku_2000
05-22 05:49 PM
What if you say you dont have any documents and show an expired VISA on your passport ...:D :D :D :D
desi3933
03-08 12:41 PM
Why do you assume this is an indian website and everyone can understand hindi. This website has a purpose and if people like you write in hindi you will annoy a lot of people.
Very true and only about 40% of Indian can undersatnd Hindi.
Don't Worry, Be Happy
http://en.wikipedia.org/wiki/Don't_Worry,_Be_Happy
Very true and only about 40% of Indian can undersatnd Hindi.
Don't Worry, Be Happy
http://en.wikipedia.org/wiki/Don't_Worry,_Be_Happy
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GC_SUCK
03-07 11:35 AM
Well, my lawyer is shit. You don't need to know his name.
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godspeed
12-03 06:53 PM
Firstly, i would like to thank you for replying to my question. Please find the below email sent by my lawyer today:
As per our conversation, attached are the two lists that you can review.
Starting from November 1st *Onet has changed the positions for software professionals, please find information below according to *Onet http://online.onetcenter.org/
There are no EB2 positions available for the Software professionals, only EB3 positions are available. However as we discussed earlier if the company has a business necessity and are able to produce the documents for the business necessity you can file the case under EB2, which is still beyond the requirement according to Labor Department.
Thanks for sharing this info, you mentioned two lists? where is the second one?
One thing is clear, this is going to affect future petitions, any idea on the approved/existing cases?
As per our conversation, attached are the two lists that you can review.
Starting from November 1st *Onet has changed the positions for software professionals, please find information below according to *Onet http://online.onetcenter.org/
There are no EB2 positions available for the Software professionals, only EB3 positions are available. However as we discussed earlier if the company has a business necessity and are able to produce the documents for the business necessity you can file the case under EB2, which is still beyond the requirement according to Labor Department.
Thanks for sharing this info, you mentioned two lists? where is the second one?
One thing is clear, this is going to affect future petitions, any idea on the approved/existing cases?
kutra
03-20 09:00 AM
You still haven't shown me the text from any of the three bills that says Masters in STEM are exempt from the EB cap. After all, that's the only thing that will prove you or me wrong.
Regards,
Jayant
Jayant aka PD_Dec2002:
Can't believe you got suckered into this. "gceb1" is up to no good...spewing his frustration at you and lskreddy. He/she cannot justify his own posts to save his/her own butt.
I count you among the several "voices of reason and logic" in these forums since more-often-than-not you will do the research and provide appropriate links. So just ignore this "gceb1" idiot, and continue what you do. Ideally, everyone should ignore this "gceb1" idiot. :)
Regards,
Jayant
Jayant aka PD_Dec2002:
Can't believe you got suckered into this. "gceb1" is up to no good...spewing his frustration at you and lskreddy. He/she cannot justify his own posts to save his/her own butt.
I count you among the several "voices of reason and logic" in these forums since more-often-than-not you will do the research and provide appropriate links. So just ignore this "gceb1" idiot, and continue what you do. Ideally, everyone should ignore this "gceb1" idiot. :)
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sudhakar_p_v
06-05 02:15 PM
Hi IAMIN
have you seen any updates to your case?
have you seen any updates to your case?
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pappu
08-31 09:17 AM
if only we knew about this program in advance, we could've called. :mad:
Yes. Even I did not know it. I was trying to find out if Cspan was showing the hearings in Dallas and found this. I immediately tried calling the lines but they all seemed busy. There were some callers who were criticizing foreign high skilled immigrants and that jobs were being taken away from them and wages were being lowered and they are being allowed to come and stay in the country.
Lets see how the hearings go in Dallas. FYI IV has tried contacting the speakers in the hearing.
Yes. Even I did not know it. I was trying to find out if Cspan was showing the hearings in Dallas and found this. I immediately tried calling the lines but they all seemed busy. There were some callers who were criticizing foreign high skilled immigrants and that jobs were being taken away from them and wages were being lowered and they are being allowed to come and stay in the country.
Lets see how the hearings go in Dallas. FYI IV has tried contacting the speakers in the hearing.
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piyu7444
08-19 11:03 PM
The fear is of USCIS rejecting the secondary application (due to insfficient evidence -wedding certificate)
My wife cant leave the country as I dont hold a VISA now........I have a GC. Without both of us going to India we cant possibly get it as we never registered our wedding. She cant leave US coz we dont have AP and even if apply for AP now (which we ll do) it will take 90 days to get AP.
If USCIS rejects the application we ll have to leave US even after I have got my GC and I dont know how long will it take for my wife and kid to get GC once we are in India.
My wife cant leave the country as I dont hold a VISA now........I have a GC. Without both of us going to India we cant possibly get it as we never registered our wedding. She cant leave US coz we dont have AP and even if apply for AP now (which we ll do) it will take 90 days to get AP.
If USCIS rejects the application we ll have to leave US even after I have got my GC and I dont know how long will it take for my wife and kid to get GC once we are in India.
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rkg000
08-19 04:55 PM
Filed 485 during July 07. The receipt number was WAC*******, I got receipt notice and Transfer notice saying my case was "transferred to another USCIS center where it is currently being processed" but didn't mention to which center. I assumed it was TSC as I'm from NJ.
First EAD that I renewed in 2008 had RN as SRC**** and I got the cards with from address as Texas. I had sent the application to Dallas drop box.
Second (2010) EAD had RN as WAC******* and this time I got cards with from address as California.
I had assumed that all GC processing (485, EAD, AP) were being done from either NSC or TSC, probably not.
And I only had two changes to LUD, one during first FP notice in Jan 08, and another when I used AP to come back into US in May 09. Didn't have any RFE till now. Not sure if pre-adjudication triggers any LUD. If it does it would mean the case is not adjudicated which is hard to believe with the filing being almost 3 yrs ago. Does this sound normal (having the case worked in so many centers though I am NJ resident since 2005). What are my options in regard to contacting USCIS regarding getting latest update on my case.
First EAD that I renewed in 2008 had RN as SRC**** and I got the cards with from address as Texas. I had sent the application to Dallas drop box.
Second (2010) EAD had RN as WAC******* and this time I got cards with from address as California.
I had assumed that all GC processing (485, EAD, AP) were being done from either NSC or TSC, probably not.
And I only had two changes to LUD, one during first FP notice in Jan 08, and another when I used AP to come back into US in May 09. Didn't have any RFE till now. Not sure if pre-adjudication triggers any LUD. If it does it would mean the case is not adjudicated which is hard to believe with the filing being almost 3 yrs ago. Does this sound normal (having the case worked in so many centers though I am NJ resident since 2005). What are my options in regard to contacting USCIS regarding getting latest update on my case.
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eyeopeners05@yahoo.com
09-17 02:21 PM
How were you able to file in june 2007 when the dates were not current for eb3. They wont even accept the applications.
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ramus
07-05 08:56 PM
This thread is getting lost.. Lets keep this thread on top.
When you send this message please make sure you put your complete name, address, email and phone number at the bottom.. If you don't how come somebody can get in touch with us...
When you send this message please make sure you put your complete name, address, email and phone number at the bottom.. If you don't how come somebody can get in touch with us...
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LONGGCQUE
06-22 09:57 AM
Copsmart/Frostrated/anilkumar0902/Uma001/desitechie/Optimist/Other Guru's,
Thanks in advance for any suggestions you can provide
Here is the current status:
- Consulted my lawyer and went thru all docs they submitted as part of my I140 package. On my last employer experience, found out that I had submitted only one affidavit from a co-worker and that would cover for less than 60 months of experience at my last my place.
- Came up with a list of some 30+ documents that include paystubs from US/India, W2/Form16's, letters submitted to CIS by previous company for new H1b back in 2003 and then for an extn in 2006, appreciation letters and other material on previous company letterhead. Discussed this with my lawyer
- Lawyer is of the opinion that we can prove our case of alternate evidence based on documents i am producing.
- Plan is to submit an affidavit from me that i was unable to get an exp. letter from my previous employer mentioning reasons on why its not possible, submit 2 affidavits from ex co-workers covering span of 63 months.
Based on your scenario or known people, can one of you respond to how should i approach following issues:
1) I am going to draft content for experience letter non-availability. I have mail trail from last 1 year following up on asking for details of $12K. Same mail mentions that am asking for experience letter and provident fund amount back from HR. Will it be a good idea to attach deputation letter mentioning 5 lac indian rupee to be paid for breach of terms and a 100 rupee bond paper contents which i signed before US deputation. Will it be Ok to mention that previous employer is asking for $12K settlement amount to provide experience letter and attach copies of bond and deputation note OR only mention that am unable to get experience letter and i have been following up with HR for last 1 year and attach email trail as evidence. Any pros and cons from CIS perspective on which approach to choose.
2) Any other documentation that needs to be submitted ? Supporting evidence alongwith company lawyer detailed letter, 2 affidavits from co-workers for skills and duration, self affidavit for experience letter not available will be -
> Paystubs from US/India, not for all 63 months but for some months in 2004/6/7/8.
> W2's for 2005/6/8.
> Form 16 for 2005-6/2007-8
> Offer letter, yearly appraisal letters, US deputation letters, appreciation letters, ID Cards, 3 Business cards showing change in designations.
Thanks in advance for any suggestions you can provide
Here is the current status:
- Consulted my lawyer and went thru all docs they submitted as part of my I140 package. On my last employer experience, found out that I had submitted only one affidavit from a co-worker and that would cover for less than 60 months of experience at my last my place.
- Came up with a list of some 30+ documents that include paystubs from US/India, W2/Form16's, letters submitted to CIS by previous company for new H1b back in 2003 and then for an extn in 2006, appreciation letters and other material on previous company letterhead. Discussed this with my lawyer
- Lawyer is of the opinion that we can prove our case of alternate evidence based on documents i am producing.
- Plan is to submit an affidavit from me that i was unable to get an exp. letter from my previous employer mentioning reasons on why its not possible, submit 2 affidavits from ex co-workers covering span of 63 months.
Based on your scenario or known people, can one of you respond to how should i approach following issues:
1) I am going to draft content for experience letter non-availability. I have mail trail from last 1 year following up on asking for details of $12K. Same mail mentions that am asking for experience letter and provident fund amount back from HR. Will it be a good idea to attach deputation letter mentioning 5 lac indian rupee to be paid for breach of terms and a 100 rupee bond paper contents which i signed before US deputation. Will it be Ok to mention that previous employer is asking for $12K settlement amount to provide experience letter and attach copies of bond and deputation note OR only mention that am unable to get experience letter and i have been following up with HR for last 1 year and attach email trail as evidence. Any pros and cons from CIS perspective on which approach to choose.
2) Any other documentation that needs to be submitted ? Supporting evidence alongwith company lawyer detailed letter, 2 affidavits from co-workers for skills and duration, self affidavit for experience letter not available will be -
> Paystubs from US/India, not for all 63 months but for some months in 2004/6/7/8.
> W2's for 2005/6/8.
> Form 16 for 2005-6/2007-8
> Offer letter, yearly appraisal letters, US deputation letters, appreciation letters, ID Cards, 3 Business cards showing change in designations.
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nixstor
03-16 03:19 PM
Hi nixstor,
Looks like you had done some research in this matter . Can you advise me . i am also in the same situation like yours .
My current H1 is going to expire on june 07 along with my wife's H4. I applied today for my extension along with the H4 in premium processing. Shall i go ahead with the new H1 for my wife on April 1 in regular processing even without waiting for the extension or wait for the approval?
Any issues with that approach?
Your H1 and her H4 should be approved by Apr 1st as you did PP. Even if its not approved she is still fine as she has status until Jun 7th. Even if her H4 is not approved and only your H1 gets approved with PP and if USCIS happens to process her H1 before H4 they will issue an RFE asking to prove her status (which is pending approval). Once her H4 is approved, you can answer their RFE and then her H1 will be approved. This is what the lawyer told me.
I still see a lot of people who are not approved in Dec. USCIS processing times say they are doing 1/13/07. Damn!
Looks like you had done some research in this matter . Can you advise me . i am also in the same situation like yours .
My current H1 is going to expire on june 07 along with my wife's H4. I applied today for my extension along with the H4 in premium processing. Shall i go ahead with the new H1 for my wife on April 1 in regular processing even without waiting for the extension or wait for the approval?
Any issues with that approach?
Your H1 and her H4 should be approved by Apr 1st as you did PP. Even if its not approved she is still fine as she has status until Jun 7th. Even if her H4 is not approved and only your H1 gets approved with PP and if USCIS happens to process her H1 before H4 they will issue an RFE asking to prove her status (which is pending approval). Once her H4 is approved, you can answer their RFE and then her H1 will be approved. This is what the lawyer told me.
I still see a lot of people who are not approved in Dec. USCIS processing times say they are doing 1/13/07. Damn!
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jthomas
03-24 05:13 PM
I am looking for power electronics design engineer position anywhere in US. If you happen to know any please post it here.
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pd052009
05-10 11:47 AM
Wondering whether the people who are affected by 221g have gathered to fix this issue? I hope many H1B holders will be ready to join.
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arunmohan
02-10 02:05 PM
I just want to know why people think like that. Whoever I talk to thinks that after getting EAD everything is good and greencard is not that important. Is that true.
Let us discuss pros and cons of EAD.
Hello ganguteli:
There is a big difference in EAD and GC. EAD is always temporary in nature. You will be always dependend on USCIS . Many companies do not entertain v.s GC EAD e.g. State Government(s), defence companies and etc..
You cannot use EAD to return back to this country, you have to use AP.
A biggest thing i.e. fear. The fear would be always in your mind, if something goes wrong for your I-485 and you will be out of status except MTR.
Let us discuss pros and cons of EAD.
Hello ganguteli:
There is a big difference in EAD and GC. EAD is always temporary in nature. You will be always dependend on USCIS . Many companies do not entertain v.s GC EAD e.g. State Government(s), defence companies and etc..
You cannot use EAD to return back to this country, you have to use AP.
A biggest thing i.e. fear. The fear would be always in your mind, if something goes wrong for your I-485 and you will be out of status except MTR.
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salawrene
06-03 09:51 PM
I recived my I485 approval on May 30th after 10 years coming into this country.
I just want to mention my GC journey here, hopefully this will help atleast some of the members in making decisions in their process. Appiled for EB3 labor in jan 2004, even though i am qualified for EB2. Applied for I140 after the EB3 labor approval and received I140 approval. After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor. Applied for I485 based on EB3 labor during the July Fiasco from the desi employer. After 180 days, took the permanent job with the client with base salary of almost 100% increase ( with bonus it might be around 150% ) and with manegerial duties. Mean while my EB2 labor from desi employer gets approved, so my desi employer files I140 for EB2 labor that gets approved with old priority date of Jan 2004 and I485 becomes current. Recevied RFE on my I485 for Employment Verification Letter. I took the EVL from both the current employer and the desi employer ( for future employment ) and written an affidavit saying that, i have the intent to join the desi employer once i recive my GC because he is such great employer, to keep the validity of I140 based on EB2 from desi employer. After one month of my RFE responce, i received my 485 Approval.
So You can always take promotions with more responsibilities using AC21, as long as you are in the same occupation, % of increase in salary doesn't matter. I have clearly mentioned my salary number in the EVL that shows huge difference.
My EVL clearly mentions that my current job duties includes more responsibilities and manegerial duties.
I read one big court case document involving 485 process by Rajesh khanna that the main important thing that USCIS looks for during 485 approval is inadmissability means no status issues. So as long as you are in the same occupation, you should be fine.
I had problems with my H1 and had to work around 150 days without H1B Approval after my I94 expiration, this was taken care of by 245K because of my travel to india with another H1.
I just want to mention my GC journey here, hopefully this will help atleast some of the members in making decisions in their process. Appiled for EB3 labor in jan 2004, even though i am qualified for EB2. Applied for I140 after the EB3 labor approval and received I140 approval. After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor. Applied for I485 based on EB3 labor during the July Fiasco from the desi employer. After 180 days, took the permanent job with the client with base salary of almost 100% increase ( with bonus it might be around 150% ) and with manegerial duties. Mean while my EB2 labor from desi employer gets approved, so my desi employer files I140 for EB2 labor that gets approved with old priority date of Jan 2004 and I485 becomes current. Recevied RFE on my I485 for Employment Verification Letter. I took the EVL from both the current employer and the desi employer ( for future employment ) and written an affidavit saying that, i have the intent to join the desi employer once i recive my GC because he is such great employer, to keep the validity of I140 based on EB2 from desi employer. After one month of my RFE responce, i received my 485 Approval.
So You can always take promotions with more responsibilities using AC21, as long as you are in the same occupation, % of increase in salary doesn't matter. I have clearly mentioned my salary number in the EVL that shows huge difference.
My EVL clearly mentions that my current job duties includes more responsibilities and manegerial duties.
I read one big court case document involving 485 process by Rajesh khanna that the main important thing that USCIS looks for during 485 approval is inadmissability means no status issues. So as long as you are in the same occupation, you should be fine.
I had problems with my H1 and had to work around 150 days without H1B Approval after my I94 expiration, this was taken care of by 245K because of my travel to india with another H1.
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chanduv23
11-12 02:43 PM
Chandu, here I found the LINK (http://www.murthy.com/news/n_porret.html)
"When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued."
This is not new, it has been there for a while and almost everyone who googled AC21 would have read Murthy's page.
Whatever Murthy has mentioned is her opinion. Aytes memo has not been more stricter than Yates memo but has been more clear.
So lets continue to send letters
"When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued."
This is not new, it has been there for a while and almost everyone who googled AC21 would have read Murthy's page.
Whatever Murthy has mentioned is her opinion. Aytes memo has not been more stricter than Yates memo but has been more clear.
So lets continue to send letters
techskill
08-27 01:18 PM
Guys,
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
I got the same answer when i went to my Infopass appointment.The IO could say whether it is EB2 or EB3. I specifically asked him to confirm my category Eb2.
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
I got the same answer when i went to my Infopass appointment.The IO could say whether it is EB2 or EB3. I specifically asked him to confirm my category Eb2.
rb_248
05-24 01:34 PM
Sent from South Florida
