aadimanav
05-15 05:50 PM
Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.
How about this scenario:
EB3 applicant starts the Masters (in STEM) from US University after the labor is filed and completes while 485 is in pending status.
How about this scenario:
EB3 applicant starts the Masters (in STEM) from US University after the labor is filed and completes while 485 is in pending status.
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trueguy
10-23 05:50 PM
If they don't want to publish the numbers, fine. If they don't want to process application, we can't do anything about it. But at least move the PD forward so more cases become eligible for approval and it makes USCIS's life easy to use all the numbers.
Whats the use if they move PD forward by 2 years in July and then USCIS is super busy using all the numbers available. It would be better if DOS move PD forward every quarter if they see visa numbers are not utilitized.
They should divide 140K total numbers by 12 (which is 11666) and watch each month how many numbers were used in last month. If 11666 numbers were not used last month then they should move PD for retrogressed country forward so more cases become eligible.
This is not rocket science and I don't know why DOS don't understand it.
Whats the use if they move PD forward by 2 years in July and then USCIS is super busy using all the numbers available. It would be better if DOS move PD forward every quarter if they see visa numbers are not utilitized.
They should divide 140K total numbers by 12 (which is 11666) and watch each month how many numbers were used in last month. If 11666 numbers were not used last month then they should move PD for retrogressed country forward so more cases become eligible.
This is not rocket science and I don't know why DOS don't understand it.
GCInThisLife
07-19 02:23 PM
This discussion should scare many many people. I can count so many people just over the top of my head who would have a similar problem.
This discussion scared me now.
I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.
The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.
AM I IN PROBLEM?
Please comment and give me hope.
This discussion scared me now.
I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.
The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.
AM I IN PROBLEM?
Please comment and give me hope.
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eb3retro
04-12 11:48 AM
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
very nice analysis.
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
very nice analysis.
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krishjack
07-10 08:27 AM
As one of the contents in our rally in DC and SAN JOSE we can mention something like
CNN/LOU DOBBS LISTEN TO US - DON'T SPREAD FALSE NEWS
CNN/LOU DOBBS LISTEN TO US - DON'T SPREAD FALSE NEWS
bigticket
08-23 11:10 AM
Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
Thanks for your detailed reply. Till now I have not paid for anything for my GC. I have been here since last 12 yrs. My employer is picking up the cost for PERM and I140, as you said I may pay for premium processing for 140 if I opt it that way. My concern is, he said we need to file I485 also as my old 485 is in old format (paying for EAD renewal and AP), not sure about that.
So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
Thanks for your detailed reply. Till now I have not paid for anything for my GC. I have been here since last 12 yrs. My employer is picking up the cost for PERM and I140, as you said I may pay for premium processing for 140 if I opt it that way. My concern is, he said we need to file I485 also as my old 485 is in old format (paying for EAD renewal and AP), not sure about that.
So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?
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Roger Binny
05-29 09:37 PM
+1 one from me, why can't we pass this to all US friends as a forward?
2010 Mortal Kombat: Armageddon is a
mihird
09-14 11:04 PM
hm... So why are you here, in Immigrationvoice ???
I too like everyone else on this board am in this seemingly endless EB queue (6th year in the GC wait). I was just trying to send a message to folks out there that carve your life based on what you want to do, and if you can do what you want to do, just take it a bit easy and don't miss out on the fun things in life while this wait persists.
I have gotten to the 2 houses and 2 jobs all the time while being on a H1 is because I never put my life on hold because of the GC wait. Just had faith in my qualifications and skills, and the confidence to be able to find a H1 job in case of a job loss.
Sure enough, I had a job loss last year and here I am - back on my feet in 2 months - found another H1 job and am making more money than the previous job. Only thing, is my PD got reset and the wait will get even longer...it is still not going to stop me from moving forward...I have more plans for the next 2 years including possibly starting a business with a US citizen partner. Am currently looking into the possibility of filing a 3rd concurrent H1 for that.
Moral of the story, don't put your life on hold because of the GC wait....GC is not in our hands...why worry so much about something on which we have very little control over. Too bad, this government doesn't care about this massive highly skilled workforce and are treating us so bad. That shouldn't stop us from living life at our terms (for the most part of it).
What we can control is our destiny and as long as we worry about that and give that a proper direction...GC or no GC...doesn't matter so much..
I too like everyone else on this board am in this seemingly endless EB queue (6th year in the GC wait). I was just trying to send a message to folks out there that carve your life based on what you want to do, and if you can do what you want to do, just take it a bit easy and don't miss out on the fun things in life while this wait persists.
I have gotten to the 2 houses and 2 jobs all the time while being on a H1 is because I never put my life on hold because of the GC wait. Just had faith in my qualifications and skills, and the confidence to be able to find a H1 job in case of a job loss.
Sure enough, I had a job loss last year and here I am - back on my feet in 2 months - found another H1 job and am making more money than the previous job. Only thing, is my PD got reset and the wait will get even longer...it is still not going to stop me from moving forward...I have more plans for the next 2 years including possibly starting a business with a US citizen partner. Am currently looking into the possibility of filing a 3rd concurrent H1 for that.
Moral of the story, don't put your life on hold because of the GC wait....GC is not in our hands...why worry so much about something on which we have very little control over. Too bad, this government doesn't care about this massive highly skilled workforce and are treating us so bad. That shouldn't stop us from living life at our terms (for the most part of it).
What we can control is our destiny and as long as we worry about that and give that a proper direction...GC or no GC...doesn't matter so much..
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Legal
07-25 02:13 PM
[QUOTE=alterego;267244]I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.QUOTE]
The titles of some of these threads have entertainment value:).
Like the one we had recently on "lovebirds separated by the cruelty of USCIS".
The titles of some of these threads have entertainment value:).
Like the one we had recently on "lovebirds separated by the cruelty of USCIS".
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indianindian2006
11-02 06:11 PM
WOW...
In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!
Green for you....
In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!
Green for you....
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diptam
07-02 04:02 PM
Medical - $350
0.5 day off for Medical + 0.5 Follow up Medical - $400
Photo - $10
USPS Express Mailing - $20
Birth Cert from NY Consulate - $20
Visit to NY Consulate from Boston - $110
1 day off for Birth Certificate - $400
Origina Birth Cert Affidavit (From India) - $10
Misc - $80
------------
$1400
Plus the emotional distress and Pain i'm bearing continuously....
0.5 day off for Medical + 0.5 Follow up Medical - $400
Photo - $10
USPS Express Mailing - $20
Birth Cert from NY Consulate - $20
Visit to NY Consulate from Boston - $110
1 day off for Birth Certificate - $400
Origina Birth Cert Affidavit (From India) - $10
Misc - $80
------------
$1400
Plus the emotional distress and Pain i'm bearing continuously....
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H1B-GC
08-13 01:56 PM
Iam in the similar situation, but my wife came here only last month on H4. My GC was approved yesterday. Now I have all the documents ready for my wife's GC application to be sent to USCIS. My lawyer also told me to immediately mail the application to USCIS since I did not receive my GC on hand yet.
My concern is will my wife's application get rejected since my I485 has been approved? Pls help!
I guess since you got Married before your GC Got approved, you should be fine. Your PD,RD and ND,Service Center Please?? Did your NC get cleared?
My concern is will my wife's application get rejected since my I485 has been approved? Pls help!
I guess since you got Married before your GC Got approved, you should be fine. Your PD,RD and ND,Service Center Please?? Did your NC get cleared?
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jethro11
04-20 02:55 PM
bsnf and solaris27,
Thanks for your prompt replies. It is good to get reliable first hand information from travelers instead of relying upon reports from consulates, airline websites etc which all contradict one another. Just out of curiosity, did anybody in India or Frankfurt ask to see the Advance Parole papers before allowing you to board the flight?
Thanks for your prompt replies. It is good to get reliable first hand information from travelers instead of relying upon reports from consulates, airline websites etc which all contradict one another. Just out of curiosity, did anybody in India or Frankfurt ask to see the Advance Parole papers before allowing you to board the flight?
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RandyK
02-20 05:28 PM
I think all depends on how many ROW cases are in the 47000. Especially older PDs, newer PDs most likely will be still in the I-140 queue or I-485 queue to be proceesed.
I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?
I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?
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ronnie0479
07-27 09:33 PM
the pattern analysis is wrong.
the links to 13th & 27th are not working, only 06th & 20th are.
so, its every other friday, so it will be posted on Aug3rd.
btw, thats so funny about 'dead meat on finger... and concern about finger print...' great stuff i was LOL...
S
USCIS released Receipting update on 13th too its just that the link provided is wrong, the correct link for the 13th is as follows
http://www.uscis.gov/files/pressrelease/ReceiptingTimes071307.pdf
the links to 13th & 27th are not working, only 06th & 20th are.
so, its every other friday, so it will be posted on Aug3rd.
btw, thats so funny about 'dead meat on finger... and concern about finger print...' great stuff i was LOL...
S
USCIS released Receipting update on 13th too its just that the link provided is wrong, the correct link for the 13th is as follows
http://www.uscis.gov/files/pressrelease/ReceiptingTimes071307.pdf
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IfYouSeekAmy
04-20 12:02 PM
Good luck with this effort since you are already fighting among yourselves! :D
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kumar1
07-19 01:55 PM
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
Very good, ask your wife to bring a load of sweets for IV member. ;)
Very good, ask your wife to bring a load of sweets for IV member. ;)
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gc_lover
06-27 10:37 AM
There is a very good chance that something will happen soon if we rush. if you are smart enough to think that filing on july 1st will guarantee your acceptance, then you are wrong buddy. As per the other threads and discussions from lawers , immigration officers, and info pass applicants that we have seen so far, uscis can change and will probably change the rules of accepting the application if the demand and rush continues. Already we are seeeing 45 days backlog of receipt.
besides lawyers just have to instruct fedex to pickup and deliver it on july 30th, how difficult can it be ?? except they should have little more room to pile up the applications until july 30th :)
Don't spread rumors! You should know better that people are worried about mid-month retrogression rumor and you are icing that with your silly conclusions from people like you. Not only you are not helping anyone with this thread but you are creating unwanted headache for them. Please stop and wait for your approval, since you have already filed. Do not worry about all of us!
If something is going to happen, like you say, let it happen. There is nothing we can do to stop that and in worst case we won't be albe to file 485. We would still be very happy for you that you had filed and got your GC. Be happy but please stop this nonsense.
besides lawyers just have to instruct fedex to pickup and deliver it on july 30th, how difficult can it be ?? except they should have little more room to pile up the applications until july 30th :)
Don't spread rumors! You should know better that people are worried about mid-month retrogression rumor and you are icing that with your silly conclusions from people like you. Not only you are not helping anyone with this thread but you are creating unwanted headache for them. Please stop and wait for your approval, since you have already filed. Do not worry about all of us!
If something is going to happen, like you say, let it happen. There is nothing we can do to stop that and in worst case we won't be albe to file 485. We would still be very happy for you that you had filed and got your GC. Be happy but please stop this nonsense.
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howzatt
07-06 02:15 PM
We need someone to youtube this and help with the media campaign!
Suva
01-15 06:27 PM
Check this... This covers maternity. Only thing you should get it before your wife become pregnant.
http://visitinsurance.com/VISIT_Incoming_Premiums.html
http://visitinsurance.com/VISIT_Incoming_Premiums.html
x1050us
07-19 03:20 PM
I am with you on that one :) No point taking a risk for a few dollars.
As I already mentioned it is not about $$$. It is about getting an appointment at consulate. Anyways, I managed to prepone the appointment now. So everything should be smooth.
As I already mentioned it is not about $$$. It is about getting an appointment at consulate. Anyways, I managed to prepone the appointment now. So everything should be smooth.
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