reachinus
07-07 08:23 AM
There is no wrong doing by DOS by changing the VB, but the timing is wrong. They should have changed it as soon as they released it or else atleast by 25th or 26th to prevent some damage.
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GreenCard4US
07-21 06:06 PM
We EB3 guys have to work together. In a couple of year you will not find a single EB2 guy here as they will have their GC's. I hope some senior member can give some guidance on how we should proceed to take up our cause.
indyanguy
03-25 10:36 PM
I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
Sorry to hear about your situation. I understand it's not straightforward and easy. But, if you are able to pull it off, there's nothing like it. Some friends of mine were able to port their dates successfully. It is very important to have the employer's full cooperation.
In your case, the A2P RFE is related to the company's financials and not really directly related to the EB3-EB2 porting. I hope your appeal goes through. Good luck!
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
Sorry to hear about your situation. I understand it's not straightforward and easy. But, if you are able to pull it off, there's nothing like it. Some friends of mine were able to port their dates successfully. It is very important to have the employer's full cooperation.
In your case, the A2P RFE is related to the company's financials and not really directly related to the EB3-EB2 porting. I hope your appeal goes through. Good luck!
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amitjoey
05-23 04:35 PM
Sent email to 2+10 senators.
Thanks, please also webfax. It is just one click.
Thanks, please also webfax. It is just one click.
more...
muraliy
09-15 04:28 PM
I am very new to this forum and have been spending some time here just over the past few weeks. I am trying to learn the ropes of this EB green card system. As someone pointed, I belong to those on the "fence" not knowing what or how to be effective with my time and money in these efforts. I like this thread and I think I want to begin my involvement through this effort.
My opinion is that we don't need a 1000 people to contribute to reach $100000 for the effort. Those who are willing to give $100 would not, I think, hesitate to give another $100 or even more to speed up the process. I for one will contribute $200 and if necessary more for this effort.
Yes, great to see fellow determined souls here so far
Goal is to get atleast 1000 to start with.
First step is to collect details ( Name, E-mail and Ph No# )
Please send them MAN-WOMAN-GC ASAP . He has gracefully offered to maintain a spreadhseet.
Once we reach the number of resources, we will have conference calls, meet in person whoever can, arrange for money, decide on lawyers ( which MadhuVJ has some very good suggestions ) and move on from there
We are doing it brothers and sisters.
My opinion is that we don't need a 1000 people to contribute to reach $100000 for the effort. Those who are willing to give $100 would not, I think, hesitate to give another $100 or even more to speed up the process. I for one will contribute $200 and if necessary more for this effort.
Yes, great to see fellow determined souls here so far
Goal is to get atleast 1000 to start with.
First step is to collect details ( Name, E-mail and Ph No# )
Please send them MAN-WOMAN-GC ASAP . He has gracefully offered to maintain a spreadhseet.
Once we reach the number of resources, we will have conference calls, meet in person whoever can, arrange for money, decide on lawyers ( which MadhuVJ has some very good suggestions ) and move on from there
We are doing it brothers and sisters.
shukla77
05-23 12:36 PM
sent emails to 10 senators
more...
nonimmi
10-17 01:18 PM
that Senior Members would be more involved in posting on this website. It makes a lot of difference if core members who have a closer perspective of the truth could respond to some questions on these threads. No response, in my opinion only helps in making the website dead and promotes unproductive arguments and squabbles here.
It is "good" that they are not talking. That means they are working harder and something good is expected to happen.
If there is more talk then outcome is less. This is my experience from past one plus year from IV and other immigration forums. When everyone get "too much" excited and keep posting madly about some "immature deal", at the end of the day nothing "concrete" is achived.
Let IV do their work. I am hopeful something "good" will happen in near future.
It is "good" that they are not talking. That means they are working harder and something good is expected to happen.
If there is more talk then outcome is less. This is my experience from past one plus year from IV and other immigration forums. When everyone get "too much" excited and keep posting madly about some "immature deal", at the end of the day nothing "concrete" is achived.
Let IV do their work. I am hopeful something "good" will happen in near future.
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kshitijnt
05-10 06:35 PM
Retrogressed all the way to 2000? Happened at the end of Q3 in the government calendar. Seem to me USCIS is laying the ground to assign all un-used visa number to indians in Q4. Just a guess....
Indians have older PDs than Chinese, so its a fair game if that happens.
Indians have older PDs than Chinese, so its a fair game if that happens.
more...
sina
11-18 03:07 PM
Will send the email.
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diptam
06-22 01:39 PM
I have a electronic mail from them with the 140 receipt Notice (as PDF)
from USCIS.. I took the LIN number from there and Queries USCIS - they says USCIS received my App on May 15th and under processing....
I took a Print out of that 140 receipt Notice and will attach with 485 Application... My approval will not come before Jan-Feb 2008.
But don't you need copy of 140 also?
Canda is not the only option.You can tell them that u r resigning.In that case u might not win but atleast he will loose everything.So might be he will ready.
from USCIS.. I took the LIN number from there and Queries USCIS - they says USCIS received my App on May 15th and under processing....
I took a Print out of that 140 receipt Notice and will attach with 485 Application... My approval will not come before Jan-Feb 2008.
But don't you need copy of 140 also?
Canda is not the only option.You can tell them that u r resigning.In that case u might not win but atleast he will loose everything.So might be he will ready.
more...
jaggubhai
08-12 08:45 AM
Same exact sequence of events happened to me. I am sure we will have our cards this week God willingly.
Same set of events for me as well
485: Received CPO email for self and spouse: 8/4/8
485: Received email welcoming new PR: 8/5/8
485: Received email for approval notice sent: 8/8/8
Also
485: Received welcome letter for both: 8/9/8
Still waiting for the cards
Same set of events for me as well
485: Received CPO email for self and spouse: 8/4/8
485: Received email welcoming new PR: 8/5/8
485: Received email for approval notice sent: 8/8/8
Also
485: Received welcome letter for both: 8/9/8
Still waiting for the cards
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jeffrey930
10-02 01:24 AM
found out today my EAD status finally changed to card production i'm so happy...i hope everyone get theres EAD soon, i know the wait is a pain in the @##... How many days you guys think before i get my card on hand? thanks for any reply..
EB3------NEBRASKA ( LIN-***-*** *****)
RD: I-485,I-765,I-140------July 27,2007
ND: September 4,2007
FP:October 11,2007
AED: Card Production Ordered---- October 1, 2007
EB3------NEBRASKA ( LIN-***-*** *****)
RD: I-485,I-765,I-140------July 27,2007
ND: September 4,2007
FP:October 11,2007
AED: Card Production Ordered---- October 1, 2007
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senthil1
01-30 11:10 PM
Basically optimistic projections predict that 1 million high tech new jobs are created in a good economy in 10 years time. That means 100k per year average. There are 85k H1b and another 80k L1b are coming every year to USA. Also some of 140k immigrants are new. So Opt and TN visa unlimited number of persons. Apart from this there are some USA people are studying here and trying for job. And number of Indian students also increasing gradually. For the 100K high tech jobs 500K persons may compete. If they expand H1b it is going to increase the compettion. Nowadays resume of inexperienced persons are much more attractive than those who are really working(So many thousands of fake resumes). I do not know how it will end
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
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english_august
07-09 11:13 AM
I guess I saw a mistake on the writing....
On July 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007
It is June 13th not July13th the first visa bulletin sent out by DoS.
Thanks
Chandra
Thanks arumalla. I will fix it right away.
On July 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007
It is June 13th not July13th the first visa bulletin sent out by DoS.
Thanks
Chandra
Thanks arumalla. I will fix it right away.
more...
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GCapplicant
07-27 10:09 PM
Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.
Hi Dpp
kindly dont use hell ! jealous , these type of words are not required for any argument.
If you want EB2 I to get the visas and move forward...it will.
I understand u r EB2 ....EB3 I is frustrated...like how you want ur GC its the same line EB3 I is also.
The guys from EB3I have been waiting all these years.
Its the DOL's mistake for the delay of labor approvals ,hence the visa wastage.Otherwise this backlog for EB3 I woudnt have been there in the first place.
The two years standard gap would have been maintained there for EB3 I and EB2 I as usual.
When there is no movement ,this will be the reaction for the EB3 I people.
When you are eager for yr Gc ,the same rule applies for everone.
There is a big block EB3 row in between -so dont say all the visas were taken by Eb3 I only.
Did you know the visa flow earlier?
I never knew.People learn by experience.
These frustrations are not jealousy...Eb3 I is suffering and waiting for a solution.
kindly dont under estimate anyone's feelings.Every family here is undergoing pressures and agony.
I participated in the mail campaign... We are fighting for the lost justice.
Let us team as one and work best.Ever one deserves their own share.
I am not here for any argument.
Hi Dpp
kindly dont use hell ! jealous , these type of words are not required for any argument.
If you want EB2 I to get the visas and move forward...it will.
I understand u r EB2 ....EB3 I is frustrated...like how you want ur GC its the same line EB3 I is also.
The guys from EB3I have been waiting all these years.
Its the DOL's mistake for the delay of labor approvals ,hence the visa wastage.Otherwise this backlog for EB3 I woudnt have been there in the first place.
The two years standard gap would have been maintained there for EB3 I and EB2 I as usual.
When there is no movement ,this will be the reaction for the EB3 I people.
When you are eager for yr Gc ,the same rule applies for everone.
There is a big block EB3 row in between -so dont say all the visas were taken by Eb3 I only.
Did you know the visa flow earlier?
I never knew.People learn by experience.
These frustrations are not jealousy...Eb3 I is suffering and waiting for a solution.
kindly dont under estimate anyone's feelings.Every family here is undergoing pressures and agony.
I participated in the mail campaign... We are fighting for the lost justice.
Let us team as one and work best.Ever one deserves their own share.
I am not here for any argument.
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desi3933
06-27 11:41 AM
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
more...
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kshitijnt
04-24 12:46 AM
Yeah no problem. We all have egos. Dont apologize, instead spend money on court and attorneys.
I had an RFE from NSC that they wanted to see experience letter from employer from specific format. They specifically said in RFE that they didnt want to see affidavits or paystubs or offer letter or any other document. Remember EB2 category criterion is "5 years of progressive work experience" word progressive is important and offer letter doesnt prove it.
If you havent been in this situation, do not offer unnecessary advise based on your gut feeling.
I had an RFE from NSC that they wanted to see experience letter from employer from specific format. They specifically said in RFE that they didnt want to see affidavits or paystubs or offer letter or any other document. Remember EB2 category criterion is "5 years of progressive work experience" word progressive is important and offer letter doesnt prove it.
If you havent been in this situation, do not offer unnecessary advise based on your gut feeling.
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arihant
05-02 11:44 AM
nk2006,
I read it the same way as you. The only difference I see here from provisions in CIR is that this seems to make a distinction between advanced degree holders from US vs outside. Looks like advanced degree holders from US do not have the 3 year restriction. This also seems to be consistent with section 203 where the employer would be allowed to start the GC process for US educated students while they are in OPT stage itself.
I read it the same way as you. The only difference I see here from provisions in CIR is that this seems to make a distinction between advanced degree holders from US vs outside. Looks like advanced degree holders from US do not have the 3 year restriction. This also seems to be consistent with section 203 where the employer would be allowed to start the GC process for US educated students while they are in OPT stage itself.
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abhijitp
11-21 03:09 PM
Let me answer that. I am from Fiji but I was born in India so I am stuck with rest of you and for my family going back is not an option. Fiji is very hostile to indians living there so for us it's here or nowhere. May be india is an option but we have very few distant relatives in India as both of our parents has passed away.
Though it is a big shock for me and my family, I have to get over it and think about their survival after me.
My apologies if I have given the impression as GC greedy but I can understand how difficult it is for someone to understand how is life without something you can call a "Home"
Fully appreciate your point. Do explore the option of having your GC expedited. Good luck!
Though it is a big shock for me and my family, I have to get over it and think about their survival after me.
My apologies if I have given the impression as GC greedy but I can understand how difficult it is for someone to understand how is life without something you can call a "Home"
Fully appreciate your point. Do explore the option of having your GC expedited. Good luck!
myvoice23
08-13 09:26 AM
Did anyone receive card mailed e-mail/status update? I saw one member receive that.
Today I received an email "Approval notice sent."
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I was expecting my cards for the last 2 days. But nothing happend, hope I will receive my cards by this Friday.
Today I received an email "Approval notice sent."
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I was expecting my cards for the last 2 days. But nothing happend, hope I will receive my cards by this Friday.
BECsufferer
05-09 07:46 PM
I am appalled by this development, but their is little in our control over this development. Evidently, it's repurcussion of mass conversion of EB3 to 2. But again that is not what we want to discuss over.
Their were couple of good suggestions, re-initiate Thank You/ Rose campiange and write mass letters of concern to Admistration. Petitions or challanges in court won't work, as immigration is not a right but previlage granted by USA. And USCIS will have sufficient data to back its claims.
Can we re-surrect mass letter campiange to Senators and Adminstration?
Their were couple of good suggestions, re-initiate Thank You/ Rose campiange and write mass letters of concern to Admistration. Petitions or challanges in court won't work, as immigration is not a right but previlage granted by USA. And USCIS will have sufficient data to back its claims.
Can we re-surrect mass letter campiange to Senators and Adminstration?
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