gbof
08-05 10:39 PM
I just call them, was told that they have no additional information that what is available on the recorded message or the USCIS case status web site. I said I wanted to know if the case is 'pre-adjudicated' and the lady mentioned that that information is not disclosed. ;(
After nearly 15 months, going by recent postings here , I was tempted to call IO to get any update on my 'pending I-485' . I happened to talk to a nice IO on my first attempt. She took some time to check on status and told me my 'name check is pending'. I told her on previous occasions / Infopass I was all the time told 'everything for me, especially name check is cleared'. She came out with an explanation---- your 2nd FP was cleared on 17 July 09 (Yes, I had 2nd FP on 7/6/09 as Ist FP in Sept 07 'expired' after 15 Mo validity) and that is why new 'name check' is initiated.
I can not believe this. If this is so, they may have to wait for 180 days even if there is nothing adverse from fbi and the dates become current.
It is very creepy.....
Please, share your thoughts if uscis require NC again and again for this never ending GC process ..
After nearly 15 months, going by recent postings here , I was tempted to call IO to get any update on my 'pending I-485' . I happened to talk to a nice IO on my first attempt. She took some time to check on status and told me my 'name check is pending'. I told her on previous occasions / Infopass I was all the time told 'everything for me, especially name check is cleared'. She came out with an explanation---- your 2nd FP was cleared on 17 July 09 (Yes, I had 2nd FP on 7/6/09 as Ist FP in Sept 07 'expired' after 15 Mo validity) and that is why new 'name check' is initiated.
I can not believe this. If this is so, they may have to wait for 180 days even if there is nothing adverse from fbi and the dates become current.
It is very creepy.....
Please, share your thoughts if uscis require NC again and again for this never ending GC process ..
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gaz
08-26 04:22 PM
i do wonder if the poll results from earlier polls if used to compare with the current one would help get an idea of the trend - kind of overlaying the snapshots in different points in time and then determining what the situation was and what is and then extrapolating based on data that is already known/ published by uscis applied to the trend. question is if we have the poll data from earlier polls?
I have also been wondering how to extrapolate this to total numbers. Its probably a good reprsentation of spread. (ie. 1% is 2003 and earlier, 20% are in 2004). but actual numbers???
if you choose to multiply 2004 by 10, we should also multiply the total votes (300) and assume that wehave only 3000 pending485 applications... that does not seem right. More like x75 or x100 based on whatever we have been hearing...
Note that in some cases this is just one person who responded to the poll in a family of 2 or 3. Their PDs are the same (most probably) but the count of cases would need to be adjusted.
I have also been wondering how to extrapolate this to total numbers. Its probably a good reprsentation of spread. (ie. 1% is 2003 and earlier, 20% are in 2004). but actual numbers???
if you choose to multiply 2004 by 10, we should also multiply the total votes (300) and assume that wehave only 3000 pending485 applications... that does not seem right. More like x75 or x100 based on whatever we have been hearing...
Note that in some cases this is just one person who responded to the poll in a family of 2 or 3. Their PDs are the same (most probably) but the count of cases would need to be adjusted.
mugwump
10-05 11:59 AM
The Republican Party is reffered as the GOP
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va_dude
05-27 03:47 PM
The only reason i feel this so called "family-bill" will not generate too much anti-immigrant sentiment is because it doesn't have the baggage of being termed the CIR bill.
The very mention of the word CIR stirs up strong responses and emotions from all parties involved.
This bill seems to tackle a smaller problem rather than going for a big bang solution that the CIR would attempt. That's why i felt it might have a better chance to succeed.
Thanks for all the other info. Much appreciated.
The very mention of the word CIR stirs up strong responses and emotions from all parties involved.
This bill seems to tackle a smaller problem rather than going for a big bang solution that the CIR would attempt. That's why i felt it might have a better chance to succeed.
Thanks for all the other info. Much appreciated.
more...
coopheal
10-04 11:29 AM
http://immigrationvoice.org/forum/showthread.php?p=277584#post277584
As I said before
"EB3 I and in general all EB applicants need a solution now.
Until this process becomes so painful for us that we either go back or do a mass movement to get some legislative relief there are no better days for us."
As current bail out clearly points out that for any change to happen in this country situation has to go extreme.
So unless....
when new immigrants stop comming because of GC issues and current immigrant leave enmass
or
we do a some big enough show for our needs (not a single rally but something all over the country)
.....there are no better days for us.
This is indeed a gloomy and (in my view credible) story. The only thing possibly that can help us within the current laws, is the visa overflow from EB1 and EB2 ROW.
Lets hope for the best. The Nov. Visa bulletin will be confirmatory.
As I said before
"EB3 I and in general all EB applicants need a solution now.
Until this process becomes so painful for us that we either go back or do a mass movement to get some legislative relief there are no better days for us."
As current bail out clearly points out that for any change to happen in this country situation has to go extreme.
So unless....
when new immigrants stop comming because of GC issues and current immigrant leave enmass
or
we do a some big enough show for our needs (not a single rally but something all over the country)
.....there are no better days for us.
This is indeed a gloomy and (in my view credible) story. The only thing possibly that can help us within the current laws, is the visa overflow from EB1 and EB2 ROW.
Lets hope for the best. The Nov. Visa bulletin will be confirmatory.
GCNirvana007
08-24 04:09 PM
Are there any transfered cases which got approved? I am yet to see one. My service center is TSC but my case starts with WAC as it was sent to Calif for data uploading ...my bad luck...I will be current next month but i doubt any transfered cases will get approved...
just fell thru the cracks....anyway good luck for those who are straight forward cases (if there are any)
SoP
Your case might just be a coincidence unless we have lot of transferred cases not being approved. Speaking of which we see this handle Visual whose PD is Jan 03.
If transferred case is the road block, you guys have a strong case to raise, even legal action.
just fell thru the cracks....anyway good luck for those who are straight forward cases (if there are any)
SoP
Your case might just be a coincidence unless we have lot of transferred cases not being approved. Speaking of which we see this handle Visual whose PD is Jan 03.
If transferred case is the road block, you guys have a strong case to raise, even legal action.
more...
imh1b
04-20 10:32 AM
================================
Hi all!
Please visit this link !
Comprehensive immigration reform probably doomed - Yahoo! News (http://news.yahoo.com/s/ap/us_obama_immigration)
THis is precisely what I had said yesterday! The issues HAS and WILL be kept alive, FOREVER!
In a way it is good because, now we can plead with both parties to think of LEGAL WORKERS like us!
If this ends the "hostage drama" by the "illegals" we should be more than happy!
What next???
Thank you!!!
So you think we can only Plead? I agree.
What special do we have to offer that makes us important than CIR?
Ask yourself
Votes: no
Contribution: no
How many of our employers are pleading for us?
How many citizens are pleading for us?
If you say we are paing taxes so we should get greencard. That does not make sense. We are using roads, hospitals, infrastucture of this country and we pay taxes as long we live here.
If you say we invent new things, start Google etc then these people qualify for EB1 and it is always current.
If you say we have USA masters then we can apply in EB2. EB2 will get current next year or its wait time is going to decrease and will be 2 years max. So 2 years or less is a reasonable processing time within a 6 year H1B processing time.
I am playing devils advocate here and trying to tell you to think beyond pleading. We did not come to this country to plead. Once you start thinking negative there are many negatives as I have written above and you will go in depression.
Who is stopping you from Meeting lawmakers? Have you done that?
Who is stopping you from contacting media? Have you done that?
Who is stopping you from contacting your CEO of the company and ask for help? Have you done that.
Who is stopping you from contacting organizations of Indian American citizens and ask for help?
Who is stopping you to do rallies everymonth on weekend in every state. Why are we not doing it if we are so depressed with Greencard.
Who is stopping you from contributing to IV?
Who is stopping us from doing lobby days in DC once every month?
Why can't we do. I have tried to do at least one item in this list. If we all at least pick one item, it will be enough.
Hi all!
Please visit this link !
Comprehensive immigration reform probably doomed - Yahoo! News (http://news.yahoo.com/s/ap/us_obama_immigration)
THis is precisely what I had said yesterday! The issues HAS and WILL be kept alive, FOREVER!
In a way it is good because, now we can plead with both parties to think of LEGAL WORKERS like us!
If this ends the "hostage drama" by the "illegals" we should be more than happy!
What next???
Thank you!!!
So you think we can only Plead? I agree.
What special do we have to offer that makes us important than CIR?
Ask yourself
Votes: no
Contribution: no
How many of our employers are pleading for us?
How many citizens are pleading for us?
If you say we are paing taxes so we should get greencard. That does not make sense. We are using roads, hospitals, infrastucture of this country and we pay taxes as long we live here.
If you say we invent new things, start Google etc then these people qualify for EB1 and it is always current.
If you say we have USA masters then we can apply in EB2. EB2 will get current next year or its wait time is going to decrease and will be 2 years max. So 2 years or less is a reasonable processing time within a 6 year H1B processing time.
I am playing devils advocate here and trying to tell you to think beyond pleading. We did not come to this country to plead. Once you start thinking negative there are many negatives as I have written above and you will go in depression.
Who is stopping you from Meeting lawmakers? Have you done that?
Who is stopping you from contacting media? Have you done that?
Who is stopping you from contacting your CEO of the company and ask for help? Have you done that.
Who is stopping you from contacting organizations of Indian American citizens and ask for help?
Who is stopping you to do rallies everymonth on weekend in every state. Why are we not doing it if we are so depressed with Greencard.
Who is stopping you from contributing to IV?
Who is stopping us from doing lobby days in DC once every month?
Why can't we do. I have tried to do at least one item in this list. If we all at least pick one item, it will be enough.
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dilipb
06-30 09:28 AM
My original "Reciept notice" of 485 came from "California service Center" then few weeks i got another notice of action notice type = "Transfer Notice" that said your application has been transfered to "Nebraska service center".
For EAD renewal should i send copy of just Receipt Notice or both?
Also should i send the EAD renewal app to "Texas Service Center" as per instructions because i live in MA ?
As per section 7 of the instructions "with a copy of the receipt notice or other
evidence that your Form I-485, Application for
Permanent Residence or Adjust Status, is pending"
So you should send a receipt notice and that should be enough.
But for the heck of it, it does not matter if u send that transfer notice.
USCIS will not create any issue for you, just because u sent TOO much documentation. Here we are talking only about 1 extra piece of paper.
For legal fanatics: Technically the statement clearly states that they are OKAY with only the receipt notice. In fact that statment also tells me that you could show anything as evidence of a 485 filing. So even a xfer notice should also be fine. I simply recommend, send the recpt notice. Thats all.
So now its all upto you.
Yes. Read the instructions and send your applicaiton as per stated. So if it says that MA people are supposed to send to texas, send it to texas.
For EAD renewal should i send copy of just Receipt Notice or both?
Also should i send the EAD renewal app to "Texas Service Center" as per instructions because i live in MA ?
As per section 7 of the instructions "with a copy of the receipt notice or other
evidence that your Form I-485, Application for
Permanent Residence or Adjust Status, is pending"
So you should send a receipt notice and that should be enough.
But for the heck of it, it does not matter if u send that transfer notice.
USCIS will not create any issue for you, just because u sent TOO much documentation. Here we are talking only about 1 extra piece of paper.
For legal fanatics: Technically the statement clearly states that they are OKAY with only the receipt notice. In fact that statment also tells me that you could show anything as evidence of a 485 filing. So even a xfer notice should also be fine. I simply recommend, send the recpt notice. Thats all.
So now its all upto you.
Yes. Read the instructions and send your applicaiton as per stated. So if it says that MA people are supposed to send to texas, send it to texas.
more...
StarSun
03-11 01:01 AM
Sure, your point is very much valid. What I understand from the Freakenomics experiment and EB3I behavior with respect to IV is that only a few folks have the perseverance to go all the way from D to B.
Take 100 folks with C grade and give them the $50 offer for B. May be 80% will reach that goal. (I do not recall the actual results of the experiment).
Take 100 folks with D grade and give them the $50 offer for B. Ideally we should see 80% of folks improving their grade to a C (one level up). But in real life only may be half as much (40%) will actually improve their grades to a C.
At this point and esp from states like TN, IN, MO, AR, KS, KY, MO, OH, WI, AZ, NV, NM, UT, CO, OR, NE ..... I will gladly take the 40%, why, I will be happy with 20%!!!!!!!!!!!
Members from these states, remember, that your lawmaker will vote on all immigration bills - the questions are 1. whether our provisions are in the bill 2. have we talked to our lawmakers about our issues and 3. will they vote for us? ----- All three tie to our participation and our communication. As simple as that.
Take 100 folks with C grade and give them the $50 offer for B. May be 80% will reach that goal. (I do not recall the actual results of the experiment).
Take 100 folks with D grade and give them the $50 offer for B. Ideally we should see 80% of folks improving their grade to a C (one level up). But in real life only may be half as much (40%) will actually improve their grades to a C.
At this point and esp from states like TN, IN, MO, AR, KS, KY, MO, OH, WI, AZ, NV, NM, UT, CO, OR, NE ..... I will gladly take the 40%, why, I will be happy with 20%!!!!!!!!!!!
Members from these states, remember, that your lawmaker will vote on all immigration bills - the questions are 1. whether our provisions are in the bill 2. have we talked to our lawmakers about our issues and 3. will they vote for us? ----- All three tie to our participation and our communication. As simple as that.
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zerozerozeven
08-11 08:19 AM
DOS should have added this in the bulletin
For all EB2-Is, thanks for checking the visa bulletin....see you all in Jul 2011
For all EB2-Is, thanks for checking the visa bulletin....see you all in Jul 2011
more...
spicy_guy
10-01 08:20 PM
I don't think that the rules are unfair. If both parents are Indian citizens, then the child is eligible for primary citizenship of India. Hence how can he be allowed to take OCI when he infact can get primary citizenship? Also the rules are created with rules for all countries in mind not just USA and also they are intended to protect those who lived in India, paid taxes in India and these rules are to protect interests of children born in India.
I live in US with my wife, we dont have any kids and yes I am in race for GC. But I also know a few couples who applied for US passport for their kids, went back to India, got their kids educated at Indian Citizen's fee schedule in general quota and then sent their kids to US back with citizenship of US.
Unless in some exceptional cases, I don't think US kids can education in India at regular fee schedule. How do you prove your kid is an Indian Citizen, to consider your kind under regular fee schedule?
So..... didnt this put Indian kids born in India at disadvantage?
Did you actually know how they did it?
I live in US with my wife, we dont have any kids and yes I am in race for GC. But I also know a few couples who applied for US passport for their kids, went back to India, got their kids educated at Indian Citizen's fee schedule in general quota and then sent their kids to US back with citizenship of US.
Unless in some exceptional cases, I don't think US kids can education in India at regular fee schedule. How do you prove your kid is an Indian Citizen, to consider your kind under regular fee schedule?
So..... didnt this put Indian kids born in India at disadvantage?
Did you actually know how they did it?
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floridasun
01-01 07:17 PM
The price of GC is what you assign to it. The value of GC is not what other people tell you it is. If you get depressed, make your life hell - it's because you chose it. My PD is 2010 in EB2 and I came here in 2004. I know what I'm getting into and it's my decision so I won't fret about it or get depressed. GC is just a document, it should not define you or your life.
Enjoy time with your Family, wife, kids - it's priceless.....a new sports car will also help. Life is a great gift and will have ups and downs....don't let GC define who you are. I rejected filing in EB3 3 years back with a big 4 consulting firm and changed jobs. I also feel this "promotion" thing but I chose to be in that position. My friends in India are all PM's and Sr PM's.....they got what they chose.
Life is decided by the choices we make, not GC. GC is just a document. Enjoy and celebrate life.
My dear Mr. smuggymba -
for your kind information, sorry for starting rats comparison here but I came to US about half a dozen years before you. my priority date is 2006 and EB3. also I recognize that there are ppl out there who came earlier than me too. Its very easy to preach 'Life is decided by choices we make', 'your luck/fate, success is decided by your own effort, talent', 'if you have it, ppl will notice it and you will succeed' etc. when you spend the most energetic, productive part of your life in a country, you would expect that country reward you with atleast opportunities to prove your mettle. not to say its immensely painful when ppl who came years and years after you get GC and grow leaps and bounds right in front of your eyes.
P.S. I am not questioning your qualifications or anything.
Enjoy time with your Family, wife, kids - it's priceless.....a new sports car will also help. Life is a great gift and will have ups and downs....don't let GC define who you are. I rejected filing in EB3 3 years back with a big 4 consulting firm and changed jobs. I also feel this "promotion" thing but I chose to be in that position. My friends in India are all PM's and Sr PM's.....they got what they chose.
Life is decided by the choices we make, not GC. GC is just a document. Enjoy and celebrate life.
My dear Mr. smuggymba -
for your kind information, sorry for starting rats comparison here but I came to US about half a dozen years before you. my priority date is 2006 and EB3. also I recognize that there are ppl out there who came earlier than me too. Its very easy to preach 'Life is decided by choices we make', 'your luck/fate, success is decided by your own effort, talent', 'if you have it, ppl will notice it and you will succeed' etc. when you spend the most energetic, productive part of your life in a country, you would expect that country reward you with atleast opportunities to prove your mettle. not to say its immensely painful when ppl who came years and years after you get GC and grow leaps and bounds right in front of your eyes.
P.S. I am not questioning your qualifications or anything.
more...
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sunil2312
02-01 04:26 PM
HAs anyone seen this.
How is this going to effect our efforts for lobbying
Check this out
http://news.yahoo.com/s/ap/20060201/ap_on_go_co/lobbying_ethics
---
Sunil
How is this going to effect our efforts for lobbying
Check this out
http://news.yahoo.com/s/ap/20060201/ap_on_go_co/lobbying_ethics
---
Sunil
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jonty_11
06-28 05:40 PM
Hi everybody,
I will post here my query about I-140 because I didn't want to start a new thread only for my question.
It's still regarding I-140 application.....I wanted to ask you if you need all employment letters that are written on Labor Ceritificate..or is it enough to submit only a few not all the employment letters for every job that was written on Labor certificate?
How is it working?
I wwould highly apprecite your help.
Thank you in advance.
u have to presnt Exp letters for the term of experience mentioned in labor Cert...
if its BS+2 yrs..u shud be producing Exp letters for 2 years...
I will post here my query about I-140 because I didn't want to start a new thread only for my question.
It's still regarding I-140 application.....I wanted to ask you if you need all employment letters that are written on Labor Ceritificate..or is it enough to submit only a few not all the employment letters for every job that was written on Labor certificate?
How is it working?
I wwould highly apprecite your help.
Thank you in advance.
u have to presnt Exp letters for the term of experience mentioned in labor Cert...
if its BS+2 yrs..u shud be producing Exp letters for 2 years...
more...
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msyedy
05-14 09:44 AM
I would only say "Hang On", or move on if you can. A lot of people in same situations, never want to discuss issues openly.
Patience does help, and maybe all the good is stored for future.
Most important is how you deal with stress associated with racial slurs, difference in treatment, and all the above issues. This has direct impact on health and many people in these conditions are victims of stress.
The h1b - GC situation is well known to everyone and they know you are indentured, some managers are called problem solvers (they pretend to hear ur voice, help you from their side and get the work done and try to ease pressure off you if they have an option), whereas some managers are called problem creators (they add additional pressure on you and make u miserable so that they get the work done). The reason companies support their American workers who involve in racial slurs is to avoid issues. It is easy to kick you out and blame you rather than catering to ur problem.
I agree with you totally. Being patient is a good way to take this. I have seen this happening at my work place too. But until we get GC we have to learn to handle this. We are 16 desi's in my company and my managers says that many "co-workers" are jealous as it seems that we are taking their jobs
etc.
I hope this CIR passes and I get EAD and I shall try to leave as soon as possible.
Patience does help, and maybe all the good is stored for future.
Most important is how you deal with stress associated with racial slurs, difference in treatment, and all the above issues. This has direct impact on health and many people in these conditions are victims of stress.
The h1b - GC situation is well known to everyone and they know you are indentured, some managers are called problem solvers (they pretend to hear ur voice, help you from their side and get the work done and try to ease pressure off you if they have an option), whereas some managers are called problem creators (they add additional pressure on you and make u miserable so that they get the work done). The reason companies support their American workers who involve in racial slurs is to avoid issues. It is easy to kick you out and blame you rather than catering to ur problem.
I agree with you totally. Being patient is a good way to take this. I have seen this happening at my work place too. But until we get GC we have to learn to handle this. We are 16 desi's in my company and my managers says that many "co-workers" are jealous as it seems that we are taking their jobs
etc.
I hope this CIR passes and I get EAD and I shall try to leave as soon as possible.
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GooblyWoobly
09-14 07:10 PM
here's my explanation why i think retrogression will get worse -
1) USCIS still has not entered all the july and aug. filers. USCIS will have a good idea by Oct or Nov. how many applications are in the pipeline, how many they can approve and what the PD cut off date needs to be?
You are just repeating yourself. Show me the logic why entering all apps will retrogress the PD?
Let me give a concrete example. For India EB2, why would the PD not move from, say, April 2004 to January 2005, even if, say, 20 million people with priority date at 2006 apply for I485?
Understand the procedure first. With a better idea of applications in pipeline, you will see the PD movement to be better predicted, not retrogression.
2) with the number of applications that were filed this it is obvious that ROW will see retrogression in both EB2 and EB3 categories.
Why is it obvious? Show me the logic man!! Instead of just stating it. If ROW was current till now on some category, everybody who were supposed to file would have filed. Why would it get retrogressed. You understand that only the unused ROW numbers trickle over ot India/China etc.
So, you are saying you don't have a logic. You are speculating and saying only time will prove you right? Eh?
1) USCIS still has not entered all the july and aug. filers. USCIS will have a good idea by Oct or Nov. how many applications are in the pipeline, how many they can approve and what the PD cut off date needs to be?
You are just repeating yourself. Show me the logic why entering all apps will retrogress the PD?
Let me give a concrete example. For India EB2, why would the PD not move from, say, April 2004 to January 2005, even if, say, 20 million people with priority date at 2006 apply for I485?
Understand the procedure first. With a better idea of applications in pipeline, you will see the PD movement to be better predicted, not retrogression.
2) with the number of applications that were filed this it is obvious that ROW will see retrogression in both EB2 and EB3 categories.
Why is it obvious? Show me the logic man!! Instead of just stating it. If ROW was current till now on some category, everybody who were supposed to file would have filed. Why would it get retrogressed. You understand that only the unused ROW numbers trickle over ot India/China etc.
So, you are saying you don't have a logic. You are speculating and saying only time will prove you right? Eh?
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ivofindia
08-26 06:46 PM
PennDot Issued 1 year driver's license for both me and my wife. We took H1B 8th year original receipt notice, original employer verification letter and passports. PennDot issued 1 year license based on that. Everything took less than 15 minutes.Please make sure your employer verification letter states your employment duration i.e. how long your company intents to employ you.
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vjkypally
07-20 02:45 PM
Be Sorry that you are link ain;t workin:)
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coopheal
10-04 11:29 AM
http://immigrationvoice.org/forum/showthread.php?p=277584#post277584
As I said before
"EB3 I and in general all EB applicants need a solution now.
Until this process becomes so painful for us that we either go back or do a mass movement to get some legislative relief there are no better days for us."
As current bail out clearly points out that for any change to happen in this country situation has to go extreme.
So unless....
when new immigrants stop comming because of GC issues and current immigrant leave enmass
or
we do a some big enough show for our needs (not a single rally but something all over the country)
.....there are no better days for us.
This is indeed a gloomy and (in my view credible) story. The only thing possibly that can help us within the current laws, is the visa overflow from EB1 and EB2 ROW.
Lets hope for the best. The Nov. Visa bulletin will be confirmatory.
As I said before
"EB3 I and in general all EB applicants need a solution now.
Until this process becomes so painful for us that we either go back or do a mass movement to get some legislative relief there are no better days for us."
As current bail out clearly points out that for any change to happen in this country situation has to go extreme.
So unless....
when new immigrants stop comming because of GC issues and current immigrant leave enmass
or
we do a some big enough show for our needs (not a single rally but something all over the country)
.....there are no better days for us.
This is indeed a gloomy and (in my view credible) story. The only thing possibly that can help us within the current laws, is the visa overflow from EB1 and EB2 ROW.
Lets hope for the best. The Nov. Visa bulletin will be confirmatory.
kaisersose
05-13 10:28 AM
I and many folks in this forum have seen very few approvals for this category. How come USCIS says that this category is over subscribing the visa quota. Why they are moving un used visas to EB2 (no offense) why not for EB3?
We need IV help in this area.
I fail to see what is unjust about this. They move unused numbers from EB1 to EB2 because it works this way.
EB1 -> first level of preference
EB2 -> second level of preference
EB3 -> third level of preference
Now are you saying they should skip level 2 and drop some unused numbers from 1 to 3 directly? Why? That would actually be unjust.
To be fair, the US immigration system cannot be blamed because a lot of us desis have entered the queue.
We need IV help in this area.
I fail to see what is unjust about this. They move unused numbers from EB1 to EB2 because it works this way.
EB1 -> first level of preference
EB2 -> second level of preference
EB3 -> third level of preference
Now are you saying they should skip level 2 and drop some unused numbers from 1 to 3 directly? Why? That would actually be unjust.
To be fair, the US immigration system cannot be blamed because a lot of us desis have entered the queue.
superdoc
09-22 10:00 PM
I think your plan may work out just fine. I would make a couple of suggestions:
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
very helpful reply..I guess i will go ahead and take the plunge next year ...who knows if the stars are right we may all be greened soooooon.!
gave u $$..thanx
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
very helpful reply..I guess i will go ahead and take the plunge next year ...who knows if the stars are right we may all be greened soooooon.!
gave u $$..thanx
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