franklin
04-17 07:52 PM
I have a EB3 India PD of May 2002.. That said, the snippet in the visa bulletin sounds very promising..
It does sound promising, unless you are still stuck in the BECs... Then, not so
It does sound promising, unless you are still stuck in the BECs... Then, not so
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Gravitation
12-13 12:39 PM
Hi Gravitation,
How do you know this? Can you please elaborate.
Regards.
I read about EB2 flow on one of the forums at immigrationportal.com. I'll try to find the thread and post the url if I can.
About EB2 people filing is only from my personal experience. Every single friend I knew who was in EB3 with PD somewhere mine filed for perm EB2.
How do you know this? Can you please elaborate.
Regards.
I read about EB2 flow on one of the forums at immigrationportal.com. I'll try to find the thread and post the url if I can.
About EB2 people filing is only from my personal experience. Every single friend I knew who was in EB3 with PD somewhere mine filed for perm EB2.
waitnwatch
01-09 12:52 PM
If you look carefully health insurance payments are deducted in advance from the paycheck. So if say you join the new company in February the old company's paycheck at the end of January should be deducting health insurance for February. Therefore if the new company provides health insurance from March you should still be covered without requiring COBRA.
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satishku_2000
07-13 03:49 PM
Should we be worried about the DREAM ACT?
Only if you have kids who are old enough ot age out ... I dont have kids but I can support the bill if the bill caters to dreams of legal kids too ..
Only if you have kids who are old enough ot age out ... I dont have kids but I can support the bill if the bill caters to dreams of legal kids too ..
more...
guchi472000
05-31 03:58 AM
Yes... 368:)
Keep voting guys........ Lets see it will help or not......
Keep voting guys........ Lets see it will help or not......
spindoctor
07-19 05:47 PM
Hi all legal eagles, advice please
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
more...
vghc
07-25 01:45 PM
Have time to post something here? Heheee.... I am posting these message while my project is compiling and building.
How bout that!! Me too!!!! :D
How bout that!! Me too!!!! :D
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belmontboy
05-18 04:48 PM
what logic? did you vote for a senator that supports such a bill or are you planning to present it in the senate/house?
and to your point, even i am not comparing any schools... i am just saying that there should be a quota for iim/iit grads...
dude, do u think the senators here care for how good iim/iit's are??
lemme make it simple so that u understand, they have 20k quota for master's [donno how this idea was sold]. In those terms, selling the idea for having an additional quota for Master's students in GC should be relatively easier than any other campaign.
and to your point, even i am not comparing any schools... i am just saying that there should be a quota for iim/iit grads...
dude, do u think the senators here care for how good iim/iit's are??
lemme make it simple so that u understand, they have 20k quota for master's [donno how this idea was sold]. In those terms, selling the idea for having an additional quota for Master's students in GC should be relatively easier than any other campaign.
more...
sparky_jones
07-02 04:07 PM
Medicals : $450 (self + spouse)
Photographs: $25
Affidavits: $20
Printing/Copying/Faxing: $30
FedEx: $60
Lawyer's Fee: $2,700
Total: $ 3,285
Of course, plenty of time, effort and anxiety. May all the USCIS and DOS people responsible for this debacle rot in hell. Amen!
Photographs: $25
Affidavits: $20
Printing/Copying/Faxing: $30
FedEx: $60
Lawyer's Fee: $2,700
Total: $ 3,285
Of course, plenty of time, effort and anxiety. May all the USCIS and DOS people responsible for this debacle rot in hell. Amen!
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jsb
12-30 02:07 PM
I think the DHS-7001 form needs to be signed by the HR of your company.So I guess your company/lawyer will need to be involved.
No, that is not true. It has nothing to do with lawyers or the HR people. I-485 is YOUR filing (not of your employer's HR). By sending this you merely want to draw attention about something which you believe or hope should happen, and unless immediate attention is drawn you might suffer a loss (in this case, visas may be used up by others simply because someone did not care about your case, or just took the case to process and then went on long holiday etc. Such thing can happen and do happen particularly when paper files have to be worked with). Best...
No, that is not true. It has nothing to do with lawyers or the HR people. I-485 is YOUR filing (not of your employer's HR). By sending this you merely want to draw attention about something which you believe or hope should happen, and unless immediate attention is drawn you might suffer a loss (in this case, visas may be used up by others simply because someone did not care about your case, or just took the case to process and then went on long holiday etc. Such thing can happen and do happen particularly when paper files have to be worked with). Best...
more...
kumar1
06-05 12:03 PM
Not only that, USCIS or any other govt. agency can make rules and make them effective retroactively. In other words, they can come up with a final rule in July 2008 and can say that this rule is effective July 2005.
That is why, I call GC a game where if your opponent feels that he is losing, he can change the rule of the game on the fly.
It looks like USCIS can make any new laws or change rules of game anytime. They live by their will.
That is why, I call GC a game where if your opponent feels that he is losing, he can change the rule of the game on the fly.
It looks like USCIS can make any new laws or change rules of game anytime. They live by their will.
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gc_chahiye
09-26 04:59 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
more...
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ken
10-03 02:18 AM
Just a quick update on AP Case- Today the e filed application got approved The total time it took is about 10 days from filing to approval.
e filed on Sept 23 and approved on Oct 2
e filed on Sept 23 and approved on Oct 2
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looivy
04-20 02:13 AM
I also sent my letter to WH today.
Good job MMJ.
Good job MMJ.
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immigrant-in-law
01-28 12:30 PM
seriously? you working in some gas station too? what other advantages have you taken of the system?
Sad to see students being punished like this. They are just taking advantage of the system and make some money, but not doing anything illegal. That's what we are all here for right? Make some money. If enrolling for F1 and working somewhere else is against rules, then why did USCIS issue F1 and CPT to the students.
Sad to see students being punished like this. They are just taking advantage of the system and make some money, but not doing anything illegal. That's what we are all here for right? Make some money. If enrolling for F1 and working somewhere else is against rules, then why did USCIS issue F1 and CPT to the students.
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singhsa3
01-06 07:18 AM
The post did not mean to offend people of any particular community. I apologize, if it appeared that way. So please take this thread light heartedly only.
If it is of any further consolation then here is my brief backgroud:
I am a Hindu by birth.
Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
So you see, I would be the last person to use this story to stereotype folks from any particular religon.
I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.
If it is of any further consolation then here is my brief backgroud:
I am a Hindu by birth.
Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
So you see, I would be the last person to use this story to stereotype folks from any particular religon.
I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.
more...
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H1Girl
12-01 07:53 PM
Here is the link:
..
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required?
...
Probably the IO might have thought that the traditional way of getting Masters Degree [in USA] is "10+2+4+Masters"...I may be wrong...
..
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required?
...
Probably the IO might have thought that the traditional way of getting Masters Degree [in USA] is "10+2+4+Masters"...I may be wrong...
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kaisersose
06-05 11:48 AM
That post was intended towards EB3 category, particularly EB3-India. Ever since starting of this Fiscal Year there are very few EB3-India approvals (Can anybody dispute that?). So how come USCIS used up all the visas already?? Most of the guys here always talk about EB2-India which is not highly effected category in the first place. We suppose to be taking care of effected categories.
How do you know there have been very few EB3 approvals? There is no tracker accurate enough for us to know that.
How do you know there have been very few EB3 approvals? There is no tracker accurate enough for us to know that.
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satish_hello
08-22 11:04 PM
Just Thought
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
I think EB2-jan2007 and EB3-Aprl2005 in October VB
- satish
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
I think EB2-jan2007 and EB3-Aprl2005 in October VB
- satish
synergy
08-12 04:40 PM
I have a question....Green card is for future employment.In that case,once your I-485 got approved ,you need to go and work for your original employer who sponsered your green card. Is that right? Is that the same case if someone uses AC21?
manand24
08-10 10:57 AM
not in same boat as you and me buddy. They are in a boat ahead of you....
Good point.
Good point.
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