waitforevergc
09-04 04:12 PM
Sadly, RFE's are the norm especially for folks in IT industry.
Also, when they submitted my H1 extension, our lawyer told us not to file under Premium as it might attract undue scrutiny, so we went normal process.
Also, when they submitted my H1 extension, our lawyer told us not to file under Premium as it might attract undue scrutiny, so we went normal process.
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.
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.
uimv
03-13 02:25 AM
Hello,
For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):
1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
Than You.
For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):
1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
Than You.
vamsi_poondla
03-21 03:03 PM
My EB-3 priority date is 10/17/2004 Non-PERM. My I-140 was filed in May 2007 and is approved in Aug 2008. Meanwhile I also filed for I-485 for me and my spouse (thanks to DOS Visagate June 2007 event)
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2. Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2. Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
more...
LondonTown
05-23 12:21 PM
Only one application is needed.
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
sundarraj_us
05-25 04:04 PM
Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.
3 weeks
3 weeks
more...
immigration
05-25 03:19 PM
Well my experience with passport renewal in Chicago was HORRIBLE. First it took about 6 week to receive it. I ordered a jumbo passport but received a regular one ...called the office and left several messages -NO REPLY. Finally one Mr.Chaman Lal had to answer my call. My luck Chaman was horrible to talk (too rude) and was a perfect Bihari babu ( no offense to any Biharis on forum) said in pure Bihari accent,"No Jumbo passport made here and as far as refund for the extra money for the jumbo passport I don't refund any paisa to anybody" and the bang he hung up.
chi_shark
05-18 01:14 PM
Friends,
I am EB2 with Jan 2005 Priority date, I have used AC21 and send documents before through attorney.
For my self
1. Now I got RFE on current employement and offer of proposed employment (description of position) and offered salary
2. Current address proof
For my Spouse
1. Missing G325-A need to submit one (but I did send them initially)
2. Evidence that you maintained non immigrant status
Please let me know if there is any attorney who is good and affordable
Thanks in advance
Shana
did you receive one rfe for both cases or one each for each case?
I am EB2 with Jan 2005 Priority date, I have used AC21 and send documents before through attorney.
For my self
1. Now I got RFE on current employement and offer of proposed employment (description of position) and offered salary
2. Current address proof
For my Spouse
1. Missing G325-A need to submit one (but I did send them initially)
2. Evidence that you maintained non immigrant status
Please let me know if there is any attorney who is good and affordable
Thanks in advance
Shana
did you receive one rfe for both cases or one each for each case?
more...
UKannan
04-26 02:42 PM
Why did we all come to USA?
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
If you've so much worries/tension, why don't you go back to your home country? :D
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
If you've so much worries/tension, why don't you go back to your home country? :D
Janisaris
10-30 04:37 PM
Please call
1-800-375-5283 options 1-2-2-6-2-2-1.
Dial the extensions in sequence with a gap of 2 seconds...
Good Luck !!
Did you receive them from NSC (LIN?) . Where did you get your I140 approved?
1-800-375-5283 options 1-2-2-6-2-2-1.
Dial the extensions in sequence with a gap of 2 seconds...
Good Luck !!
Did you receive them from NSC (LIN?) . Where did you get your I140 approved?
more...
leoindiano
02-12 09:40 AM
Guys,
SR's doesnt work. period. I tried 3 times.
best thing is take infopass at your local INS using http://infopass.uscis.gov.
Go and show your receipts, they will schedule the FP appointment within 2 weeks from then. Most people did that successfully and i also took appointment for next week.
SR's doesnt work. period. I tried 3 times.
best thing is take infopass at your local INS using http://infopass.uscis.gov.
Go and show your receipts, they will schedule the FP appointment within 2 weeks from then. Most people did that successfully and i also took appointment for next week.
ssingh92
01-03 11:33 AM
I asked a question regarding use of AP and received following response from Embassy of Belgium.
Dear,
As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
Sincerely,
Marijke Janssens
Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.
I booked my ticket in JetAirWays (better than Air India).
Dear,
As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
Sincerely,
Marijke Janssens
Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.
I booked my ticket in JetAirWays (better than Air India).
more...
needhelp!
02-15 02:09 PM
Good work Pooja!
Nikhil2
02-09 10:34 PM
I plan to transfer the priority date of an old LC to a new one. My attorney said my case won't work, since the two LCs belong to the same company and the positions (job titles) are the same. She indicates at least one of them needs be different.
I spent a whole night and cannot find any info about this.
Do you happen to know this? Any comments or links would be appreciated.
I spent a whole night and cannot find any info about this.
Do you happen to know this? Any comments or links would be appreciated.
more...
lostinbeta
10-20 09:33 PM
I think he is referring to your transition effects on your site.
msgoud
03-08 12:15 PM
last year his client was in arizona and this year his clieNt is in NJ
looks like the client letter got VO confused thinking him working directly rather than his consulting company.because that what the VO was saying to him.
looks like the client letter got VO confused thinking him working directly rather than his consulting company.because that what the VO was saying to him.
more...
Hewa
07-31 04:24 PM
Hey everyone,
I am from Florida and just filed my I-485. I went to the DMV yesterday to renew my drivers license and something unexpected happened. They took away my old license and gave a temporary one valid for 30 days. They also said they will have to verify my immigration status and once this is done they will mail my new drivers license. Has anyone had such an experience? How long did it take to get your new license?
I am from florida too. It has been like this since Jan 2002. It's normal and not unexpected at all. You will get your license in the mail in about 3 to 4 weeks. And to add to that now they stamp "Temporary" in big red letters on the license.
Before Jan 02 we got it over the counter. I've had to change the license several times due to either H1B expiring or address changes. Remember to carry your passport (or some other photo ID) with you all the time.
I am from Florida and just filed my I-485. I went to the DMV yesterday to renew my drivers license and something unexpected happened. They took away my old license and gave a temporary one valid for 30 days. They also said they will have to verify my immigration status and once this is done they will mail my new drivers license. Has anyone had such an experience? How long did it take to get your new license?
I am from florida too. It has been like this since Jan 2002. It's normal and not unexpected at all. You will get your license in the mail in about 3 to 4 weeks. And to add to that now they stamp "Temporary" in big red letters on the license.
Before Jan 02 we got it over the counter. I've had to change the license several times due to either H1B expiring or address changes. Remember to carry your passport (or some other photo ID) with you all the time.
gc_buddy
12-03 12:52 AM
Good news..But, let us not stop our campaign until we hear something concrete from USCIS.
arnet
11-16 12:20 AM
Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
EndlessWait
01-15 07:51 AM
Why is VSC processing so slow..anybody in the same shoes waiting for processing from Vermont. There was a time a normal H1 processing was done in 2 months. Now I've heard it is taking upto 8 months...oh god!
abracadabra102
11-07 08:15 AM
1. The 14th amendment is what this country created as a result of the civil war to end slavery. The congress-critters thinking of repealing this amendment either have forgotten their history or are evil in ways people have not understood.
2 and 3. Expectations of a balanced budget is an excellent example of not understanding the consequences of previous policies. Either a. reduce spending or b. increase taxation.
Neither is acceptable, but we still want a balanced budget. When I was young, I learnt these basics of supply and demand by carefully managing my pocket money. I suppose the rich congress kids never had to think like that.
4. I don't really know enough to comment on this
I will comment on 4.
Estate tax is in principle a very good idea. If some one dies, a portion of that persons estate is taxed (at almost 50%) before it is distributed to whomever it was willed. This promotes re-distribution of wealth, prevents concentration of wealth in a few families. Incentivises to work and earn one's own money than depend on parents property. This estate tax was first introduced by Augustus Caesar about 2000 years ago and almost all western nations use it to varying degree. I wish this tax is imposed in India too.
Warren Buffet and Bill Gates both support estate tax. There are some arguments against it. One argument is that if children do not have right to parents property, then society (through government) does not have that right either. This is basically a moral argument but we do many things for greater good at the cost of individual right (forcefully buying land for public works like roads etc.) and is generally accepted.
2 and 3. Expectations of a balanced budget is an excellent example of not understanding the consequences of previous policies. Either a. reduce spending or b. increase taxation.
Neither is acceptable, but we still want a balanced budget. When I was young, I learnt these basics of supply and demand by carefully managing my pocket money. I suppose the rich congress kids never had to think like that.
4. I don't really know enough to comment on this
I will comment on 4.
Estate tax is in principle a very good idea. If some one dies, a portion of that persons estate is taxed (at almost 50%) before it is distributed to whomever it was willed. This promotes re-distribution of wealth, prevents concentration of wealth in a few families. Incentivises to work and earn one's own money than depend on parents property. This estate tax was first introduced by Augustus Caesar about 2000 years ago and almost all western nations use it to varying degree. I wish this tax is imposed in India too.
Warren Buffet and Bill Gates both support estate tax. There are some arguments against it. One argument is that if children do not have right to parents property, then society (through government) does not have that right either. This is basically a moral argument but we do many things for greater good at the cost of individual right (forcefully buying land for public works like roads etc.) and is generally accepted.
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