BharatPremi
10-17 05:21 PM
Guys,
I need your opinion and advise on this.
Old file - First File:
-----------------
current employer:A
EB3-Country: India(Bharat)-RIR-PD:07/2*/2003, I-140 approved - 485/AP/EAD/G-325 A filed on 07/12/2007 - EAD received, Soon FP appointment - NO AP yet - (myself-Primary+3) filing
New file - Second File:
---------------------
Future Employer: B
EB2-Country: India(Bharat)-PERM: PD:06/2*/2006,I-140 approved - NO 485 is filed under this yet.
Note: Labor for both applications has similar codes except new filing is based
on "Seniority" and thus EB2.
Now in light of October 2007 visa bulletin prediction given on www.murthy.com, It looks like EB2 may go ahead with comparision to EB3 ( Eb2: may stuck at January 2003 and EB3 May 2001/2) and by reading page 130 to 134 from the following link it looks like Priority date still matters even after filing 485 and your case can go on VISA HOLD SHELF if at the time of adjudication visa number is not available.
http://www.ilw.com/seminars/august2002_citation2b.pdf
Questions:
1) Suppose my EB2 PD (I-140 approved, no 485 filed) become current prior to
my EB3 PD (current employment- 485 is filed under this) and for some
months if I see EB3 may not move ahead what would be the best startegy
out of following?
- PORT (EB2 PD: 06/2*/2006) PD to my current 485 file which is based on
EB3 with PD 07/2*/2003. Can we PORT NEW PD to the file based on OLD
PD? I know OLD PD can be ported to NEW PD but what about reverse
condition?
- File another set (Myself+3) of 485 as new application under EB2 (Future
Employer) mentioning current A# numbers.
- File another set (Myself+3) of 485 as new application under EB2 (Future
Employer) mentioning current A# numbers with PORTING of OLD PD (EB3
PD 07/2*/2003).
Thanks in advance for any help or suggestions.
- BharatPremi
I need your opinion and advise on this.
Old file - First File:
-----------------
current employer:A
EB3-Country: India(Bharat)-RIR-PD:07/2*/2003, I-140 approved - 485/AP/EAD/G-325 A filed on 07/12/2007 - EAD received, Soon FP appointment - NO AP yet - (myself-Primary+3) filing
New file - Second File:
---------------------
Future Employer: B
EB2-Country: India(Bharat)-PERM: PD:06/2*/2006,I-140 approved - NO 485 is filed under this yet.
Note: Labor for both applications has similar codes except new filing is based
on "Seniority" and thus EB2.
Now in light of October 2007 visa bulletin prediction given on www.murthy.com, It looks like EB2 may go ahead with comparision to EB3 ( Eb2: may stuck at January 2003 and EB3 May 2001/2) and by reading page 130 to 134 from the following link it looks like Priority date still matters even after filing 485 and your case can go on VISA HOLD SHELF if at the time of adjudication visa number is not available.
http://www.ilw.com/seminars/august2002_citation2b.pdf
Questions:
1) Suppose my EB2 PD (I-140 approved, no 485 filed) become current prior to
my EB3 PD (current employment- 485 is filed under this) and for some
months if I see EB3 may not move ahead what would be the best startegy
out of following?
- PORT (EB2 PD: 06/2*/2006) PD to my current 485 file which is based on
EB3 with PD 07/2*/2003. Can we PORT NEW PD to the file based on OLD
PD? I know OLD PD can be ported to NEW PD but what about reverse
condition?
- File another set (Myself+3) of 485 as new application under EB2 (Future
Employer) mentioning current A# numbers.
- File another set (Myself+3) of 485 as new application under EB2 (Future
Employer) mentioning current A# numbers with PORTING of OLD PD (EB3
PD 07/2*/2003).
Thanks in advance for any help or suggestions.
- BharatPremi
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alanoconnor
09-28 06:31 PM
Call (in the morning) 1-800-375-5283 and follow this sequence: 1,2,2,6,1,1,1,3,4.
If the Immigration Officer is kind enough you can ask if the Name Check is cleared. If he/she says No, you can ask him/her the date it was sent to the FBI.
thank you for your info on calling uscis and requesting namecheck info.... i called them today, asked about FP 1 and if it had been sent out... they told me to wait for FP notice but they were able to check for name check info..... name check has passed..... 485 RD July 16 2007... thanks again for uscis contact info
If the Immigration Officer is kind enough you can ask if the Name Check is cleared. If he/she says No, you can ask him/her the date it was sent to the FBI.
thank you for your info on calling uscis and requesting namecheck info.... i called them today, asked about FP 1 and if it had been sent out... they told me to wait for FP notice but they were able to check for name check info..... name check has passed..... 485 RD July 16 2007... thanks again for uscis contact info
mariner5555
01-24 01:45 PM
It is good that you shared yr experience. I always avoid a country which needs transit visa. everyone should fwd this email so that such countries are forced to change rules. best option nowadays is to fly from NY which have direct flights
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elaiyam
06-15 04:43 PM
Should everyone submit a police clearance record?
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bestin
04-01 11:23 AM
Guys do not feed the freeloaders by telling anything you are reading in the donor forum. Let these people help themselves by signing up for recurring contributions if they want helpful nformation about their EB2 PD movemement. We are still not meeting of our advocacy day amount. It is all because most people want free lunches. This needs to stop. The 200 people going to DC tomorrow are going to speak for you and me for yours and mine greencard. They are taking time off and spending own money for you and me. Nothing is free in this world. IV is also doing this for you and me and we are taking it for granted. Let people do some good deed today if they want to know good information
I am not sure if u were born as an idiot or became an idiot after being turning a so called "donor".
To be frank I stopped contributing as and when IV started having donor forums.
There are thousands of websites and forums througout the internet to get info and what VKBris posted may not even come close to what Q and Teddy and so many others used to share as a group.
Now coming on to freebies,What benefit does IV provide to past contributors.I have contributed in the past, have been active at the initial stages,have spent my own money and booked airtickets to meet senators.Been a leader in a state chapter.But later realised that it was not worth for this forum which has partitions among so called donors.
Why the heck does any one want to see in a home page about posts on a donor forum.Just hide it and keep it among yourself and discuss .
Now red may follow,and a possible ban.
I am not sure if u were born as an idiot or became an idiot after being turning a so called "donor".
To be frank I stopped contributing as and when IV started having donor forums.
There are thousands of websites and forums througout the internet to get info and what VKBris posted may not even come close to what Q and Teddy and so many others used to share as a group.
Now coming on to freebies,What benefit does IV provide to past contributors.I have contributed in the past, have been active at the initial stages,have spent my own money and booked airtickets to meet senators.Been a leader in a state chapter.But later realised that it was not worth for this forum which has partitions among so called donors.
Why the heck does any one want to see in a home page about posts on a donor forum.Just hide it and keep it among yourself and discuss .
Now red may follow,and a possible ban.
whitecollarslave
03-27 04:23 PM
IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.
Thanks for pointing this out. But you are confusing EAD with H-1B. You are right to quote that its legal to refuse employment to somebody who requires sponsorship (H-1B). That does not mean that refusing somebody with EAD is also legal. Your assumption or conclusion about that is not true. As soon as you use EAD you lose your H-1 status. EAD is not tied to H-1Bs or EB immigrants. EAD is issued to a whole bunch of immigrant types including refugees, FB, etc. There is no sponsorship required to hire somebody on EAD. A letter of job duties is a whole different story and nothing to do with hiring practice.
There is nothing obscure about EAD. Employment Authorization Document - if you have it, its valid for work anywhere in the US. Whats the use of EAD if employers won't accept it? What you say about EAD's usage becoming main stream only recently is not true. We need to start thinking outside the box of EB/H-1B, and so should the recruiters. It maybe true that the IT recruiters who normally hire people on either H-1B or green cards are now having people with EADs. But they are ignorant and they are breaking the law by having a policy to not hire somebody on EAD.
You are right, employers do have a lot of control in who they can hire. But they CANNOT pick and choose based on nationality, race, etc. Same way, as per Federal law, they CANNOT choose people who have only green card and reject somebody who has an EAD. (See the question from FAQ I posted earlier). If an employer says that they will not hire somebody on EAD, they are refusing to hire not just EB immigrants but also refugees, agricultural workers, FB immigrants. That is crystal clear discrimination as per Federal law.
The only thing that may create a problem is if the DHS and the Federal law treats a EB immigrant with an EAD differently than a FB, refugee or other immigrant with an EAD. (I had asked about this earlier)
I appreciate that you guys bring out opposing views but I am saddened by the attitude of our community of being helpless and not believing in our rights. It bothers me to know that the highly educated members of such an affluent community will surrender without even trying. This has nothing to do with the state of labor market. Wake up folks! The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.
What would you do if the same employers told you that they will not hire you simply because you wear a turban or you are from China (or Bulgaria or Pakistan)?
Thanks for pointing this out. But you are confusing EAD with H-1B. You are right to quote that its legal to refuse employment to somebody who requires sponsorship (H-1B). That does not mean that refusing somebody with EAD is also legal. Your assumption or conclusion about that is not true. As soon as you use EAD you lose your H-1 status. EAD is not tied to H-1Bs or EB immigrants. EAD is issued to a whole bunch of immigrant types including refugees, FB, etc. There is no sponsorship required to hire somebody on EAD. A letter of job duties is a whole different story and nothing to do with hiring practice.
There is nothing obscure about EAD. Employment Authorization Document - if you have it, its valid for work anywhere in the US. Whats the use of EAD if employers won't accept it? What you say about EAD's usage becoming main stream only recently is not true. We need to start thinking outside the box of EB/H-1B, and so should the recruiters. It maybe true that the IT recruiters who normally hire people on either H-1B or green cards are now having people with EADs. But they are ignorant and they are breaking the law by having a policy to not hire somebody on EAD.
You are right, employers do have a lot of control in who they can hire. But they CANNOT pick and choose based on nationality, race, etc. Same way, as per Federal law, they CANNOT choose people who have only green card and reject somebody who has an EAD. (See the question from FAQ I posted earlier). If an employer says that they will not hire somebody on EAD, they are refusing to hire not just EB immigrants but also refugees, agricultural workers, FB immigrants. That is crystal clear discrimination as per Federal law.
The only thing that may create a problem is if the DHS and the Federal law treats a EB immigrant with an EAD differently than a FB, refugee or other immigrant with an EAD. (I had asked about this earlier)
I appreciate that you guys bring out opposing views but I am saddened by the attitude of our community of being helpless and not believing in our rights. It bothers me to know that the highly educated members of such an affluent community will surrender without even trying. This has nothing to do with the state of labor market. Wake up folks! The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.
What would you do if the same employers told you that they will not hire you simply because you wear a turban or you are from China (or Bulgaria or Pakistan)?
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jonty_11
07-09 06:33 PM
nice...as always just like our taxes...this will go to the veterans also.
The credit will go to USCIS.
The credit will go to USCIS.
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sc3
08-22 06:21 PM
It is not too late to write the letter, it is never too late to write the letter!!
Since the letters are only requesting fixing of the interpretation of the law, and not the law itself, there really is no fixed deadlines involved. Of course, sooner it is done, the better our chances are for moving forward.
Since the letters are only requesting fixing of the interpretation of the law, and not the law itself, there really is no fixed deadlines involved. Of course, sooner it is done, the better our chances are for moving forward.
more...
redddiv
06-26 09:08 AM
Dont do it. Why? you might ask?
Just think, if you use a lawyer you might have to spend another 500 to 1500 bucks. But you will have a no problems in filing (especially with out errors).
We have spent thousands of dollars so far in getting a GC and at this stage dont mess up to save a few paltry bucks.
You may be finding that your lawyers are'nt approachable a this time. But this is the case with everyone, as they are getting hundreds of calls.
Get a lawyer, fill the application and leave blank and stick notes at which ever field you didnt understand. The lawyers will definitely look into the applications and file it quickly. make sure you tell your lawyer to use the overnight courier to file and bill you the same.
Just think, if you use a lawyer you might have to spend another 500 to 1500 bucks. But you will have a no problems in filing (especially with out errors).
We have spent thousands of dollars so far in getting a GC and at this stage dont mess up to save a few paltry bucks.
You may be finding that your lawyers are'nt approachable a this time. But this is the case with everyone, as they are getting hundreds of calls.
Get a lawyer, fill the application and leave blank and stick notes at which ever field you didnt understand. The lawyers will definitely look into the applications and file it quickly. make sure you tell your lawyer to use the overnight courier to file and bill you the same.
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like_watching_paint_dry
06-18 09:46 AM
bloody cognizant. I was winking at their L1A EB1 misuse for sometime but now they denied me the job (I have ead) ;) god knows why. Since then I am against that company. lets screw them :p
Maybe you did not get a reference.
Maybe you did not get a reference.
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fromnaija
01-16 09:57 AM
Thanks for your reply. Yes you are right but though I had the choice I was not allowed to enter on H1. Now when my AP is expiring on 01/26/2007 would it mean I may go out of status even if I have a valid h1 till 06/01/2007?
No, you will not be out of status. It only means you won't be able to travel out and re-enter after 01/26/2007 without obtaining another AP.
No, you will not be out of status. It only means you won't be able to travel out and re-enter after 01/26/2007 without obtaining another AP.
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seekerofpeace
10-06 03:54 PM
Sreekhand
ASHA and AID are communist leaning and progressive organizations???? I take no offence with the latter but for the former adjective I guess you don't know the meaning of communism.....
But again if I recollect you are the enlightened enitity "Avatar" as I had once said.....so it is best not to get into an argument with you ....there are much more pressing needs in the forum "getting GC for one" than talking about things communist and progressive.
Chill
SoP
ASHA and AID are communist leaning and progressive organizations???? I take no offence with the latter but for the former adjective I guess you don't know the meaning of communism.....
But again if I recollect you are the enlightened enitity "Avatar" as I had once said.....so it is best not to get into an argument with you ....there are much more pressing needs in the forum "getting GC for one" than talking about things communist and progressive.
Chill
SoP
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samyjani
01-04 02:26 AM
Finally, received my passport on the 3rd Jan, 08. Good luck everybody.:)
Hi All,
I am on a business trip to Chennai and I was interviewed for my H1-B renewal on Dec 6th 2007, unaware of the PIMS as it was not mentioned anywhere on the website that it will take this long to receive the passport. I was granted my visa within few minutes but till date (Jan 1st, 08) I have not received my passport. Was interviewed at the Chennai consulate. It has been heights of frustration as I had to spend all my Christmas holidays and New years at Chennai with all my fly being in US. I was supposed to return to US on Dec19th had to postpone my tickets to Dec 24th and then to Dec 29th. Now finally I have cancelled my tickets as it was costing me $200 every time I modify my itinerary.The US consulate, Chennai keeps on extending the processing time from 3 to 7 to 10 and it has been 15 working days already now, but still no passport in hand. Last week on Friday (Dec 28th) got an email that it might take additional 7 working days, huh ! Good thing is my company is in Chennai so atleast I can go to work or else it would have been really painful.
Was anybody else interviewed at Chennai during that black week ??? with similar situation ?
Good luck everybody.
Hi All,
I am on a business trip to Chennai and I was interviewed for my H1-B renewal on Dec 6th 2007, unaware of the PIMS as it was not mentioned anywhere on the website that it will take this long to receive the passport. I was granted my visa within few minutes but till date (Jan 1st, 08) I have not received my passport. Was interviewed at the Chennai consulate. It has been heights of frustration as I had to spend all my Christmas holidays and New years at Chennai with all my fly being in US. I was supposed to return to US on Dec19th had to postpone my tickets to Dec 24th and then to Dec 29th. Now finally I have cancelled my tickets as it was costing me $200 every time I modify my itinerary.The US consulate, Chennai keeps on extending the processing time from 3 to 7 to 10 and it has been 15 working days already now, but still no passport in hand. Last week on Friday (Dec 28th) got an email that it might take additional 7 working days, huh ! Good thing is my company is in Chennai so atleast I can go to work or else it would have been really painful.
Was anybody else interviewed at Chennai during that black week ??? with similar situation ?
Good luck everybody.
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greencardvow
06-26 02:26 PM
What is the Period of Stay Form. Is there a format for this form.
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appas123
08-16 12:33 PM
Gurus and "New" Permanent Residents,
Did any one send a streamline email to NSC and did any get a better response then the "automatic script" response that you get from NSC?
If you did get a positive response then can you share on what exactly you had in the content of the email?
Thanks.
As far as my knowledge goes, there is no streamline email for NSC. We did send emails to NSCSfollowup and SCOPPSCAT .. and got standard script response for both.
Did any one send a streamline email to NSC and did any get a better response then the "automatic script" response that you get from NSC?
If you did get a positive response then can you share on what exactly you had in the content of the email?
Thanks.
As far as my knowledge goes, there is no streamline email for NSC. We did send emails to NSCSfollowup and SCOPPSCAT .. and got standard script response for both.
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perm
06-19 09:36 AM
What should be the answer to this question on I-485 part 2- out of following 2 options for my dependents ? to me it seems #b is the right answer for my family members 485 and #a for me. BUt some how teh legal guys are changing this from #b to #a for my dependents!!
a. an immigrant petition giving me an immediately available immigrant visa number has been
approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or
special immigrant military visa petition filed with this application that will give you an
immediately available visa number, if approved.)
b.an immigrant petition giving me an immediately available immigrant visa number has been
approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or
special immigrant military visa petition filed with this application that will give you an
immediately available visa number, if approved.)
In your post both #a and #b are the same text. anyways. any updates on this one? I also have the same question
a. an immigrant petition giving me an immediately available immigrant visa number has been
approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or
special immigrant military visa petition filed with this application that will give you an
immediately available visa number, if approved.)
b.an immigrant petition giving me an immediately available immigrant visa number has been
approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or
special immigrant military visa petition filed with this application that will give you an
immediately available visa number, if approved.)
In your post both #a and #b are the same text. anyways. any updates on this one? I also have the same question
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vg1778
10-03 01:06 PM
Colleagues who sent on Aug 10 Receiving RNs. Its getting so frustrating now...I called USCIS again 3rd day in the row and still nothing in the system.
Sent emails to USCIS Complaint deptt, Congressman and will be sending the fax to the director now.
Sent emails to USCIS Complaint deptt, Congressman and will be sending the fax to the director now.
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smisachu
09-25 11:55 AM
This link is not working. (Page not found). can someone repost.
Thanks
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
FYI :Goto Page 5 for India
Some Greens Please !! :)
Thanks
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
FYI :Goto Page 5 for India
Some Greens Please !! :)
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jkays94
06-15 12:45 PM
Does the letter need to have the same information as the LC. I can get a non I-485 related employment verification letter but here is the catch. The employer is dilly dallying on filing for I-485. The employer can give a letter with my job title which is "XYZ Developer" include salary, length of employment etc. But the "Final Determination" copy that I have says occupation: Computer Software Engineers, 15-1031. Does the letter have to state "Computer Software Engineer" or can it state "XYZ Developer" ? If it has to be the former that will only alert them that I am bypassing their stonewalling and the employer is only likely to refuse to include that as the job title. So which is which ? The job specific title ie "XYZ Developer" or the DOL title per the "Final Determination"
485Mbe4001
09-27 02:41 PM
Thanks, this is good information.
Do you know if WOM can be filed only when the PD is current. After reading this article i feel so.
http://www.ailf.org/lac/lac_pa_chrono.shtml
http://www.ailf.org/lac/mandamus-jurisdiction9-24-07%20PA.pdf
Do you know if WOM can be filed only when the PD is current. After reading this article i feel so.
http://www.ailf.org/lac/lac_pa_chrono.shtml
http://www.ailf.org/lac/mandamus-jurisdiction9-24-07%20PA.pdf
kate123
03-31 08:39 AM
This is approx data from last year DOS yearly report.
EB1 = 41k
EB2 = 53k
EB3 = 42k
EB4 = 11k
EB5 = 2k
Total was ~ 150 k ( 140k + 10 K from Family Quota's Spill over )
so basically EB1 and EB2 row didn't give any spill over , it was EB5 and family based spill over.
This year we will not get family but instead EB1 will give same share so in the end total spill over for year will not be more than 20-22k.
I think you have wrong info... Last year, EB2 I&C did receive spill over from EB2 ROW, EB1 (~3K), EB5.. Also from reading other posts it is my understanding that in fact there was NO spill over from Family Based.
I could be wrong though!!
EB1 = 41k
EB2 = 53k
EB3 = 42k
EB4 = 11k
EB5 = 2k
Total was ~ 150 k ( 140k + 10 K from Family Quota's Spill over )
so basically EB1 and EB2 row didn't give any spill over , it was EB5 and family based spill over.
This year we will not get family but instead EB1 will give same share so in the end total spill over for year will not be more than 20-22k.
I think you have wrong info... Last year, EB2 I&C did receive spill over from EB2 ROW, EB1 (~3K), EB5.. Also from reading other posts it is my understanding that in fact there was NO spill over from Family Based.
I could be wrong though!!
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