rajuseattle
08-15 03:40 PM
Hello BRIT_GS
Was your I-140 applied in Premium Processing?
Was your I-140 applied in Premium Processing?
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Maverick1
09-30 01:44 AM
You might need additional documentation only in cases of RFE. In most cases there are no RFEs. I know a friend of mine was job less for a year and changed 2 jobs under AC21(with different salary ranges ) after applying 485. Never informed USCIS (I guess it is not mandatory). He got his GC recently. He probably would have faced difficulty if there were any RFEs.
One should be okay as long as the following are met :
1) 180 days sice I485 RD
2) Approved I140 (Some say approvable , but safe it is already approved)
3) New job is substantially similar.
Again it was not clearly defined what is substantially similar and I don't think there is any hard and fast rule about the salary changes. That leaves a lot to the discretion of the adjudicating officer. That is why it is important that (s)he trust the original intent of the beneficiary to join the employer and employers intent to recruit the beneficiary.
There must be a memo with some clarifications in this regard.
My 2 cents :)
One should be okay as long as the following are met :
1) 180 days sice I485 RD
2) Approved I140 (Some say approvable , but safe it is already approved)
3) New job is substantially similar.
Again it was not clearly defined what is substantially similar and I don't think there is any hard and fast rule about the salary changes. That leaves a lot to the discretion of the adjudicating officer. That is why it is important that (s)he trust the original intent of the beneficiary to join the employer and employers intent to recruit the beneficiary.
There must be a memo with some clarifications in this regard.
My 2 cents :)
abq_gc
08-18 02:13 PM
Well then you should have done it long time back . You are now going for your citizenship and everyone on this forum knows that.
i dont think we are going to solve anything by fighting among ourselves here... we have to take the fight up with USCIS and not among ourselves... the plight of EB-3 at this point is far far worse than EB-2... atleast we are current.. they are not even that.... we have to somehow include all fractions into what we do at this point....
EB-3 deserves a GC as much as an EB-2... and so let's not create boundaries here... United we stand... divided we fall...
what are our options.. to make the 500 pound gorilla kneel down ??
i remember a famous saying.. pen is mightier than the sword... so what are our options guys ???
i dont think we are going to solve anything by fighting among ourselves here... we have to take the fight up with USCIS and not among ourselves... the plight of EB-3 at this point is far far worse than EB-2... atleast we are current.. they are not even that.... we have to somehow include all fractions into what we do at this point....
EB-3 deserves a GC as much as an EB-2... and so let's not create boundaries here... United we stand... divided we fall...
what are our options.. to make the 500 pound gorilla kneel down ??
i remember a famous saying.. pen is mightier than the sword... so what are our options guys ???
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mita
08-08 08:37 PM
Has anyone with approval from 08/01 received welcome letter or card? My husband's I485 was approved on 08/04 but no letter or card yet. Also, mine and my son's cases are still pending, opened SR and will take infopass next week.
more...
reddymjm
06-11 09:41 PM
My application reached NSC on JUN 1st. Recepted on Jun 5th. checks cleared 8th June. Received receipts on Jun11th was mailed by NSC on 7th June. I am still waiting on my wifes. Checks not cleared yet...
sracharla
08-27 12:25 PM
My attorney received my receipts as well as my wife's receipts...they sent me scanned receipts....PD Mar 2005...hand delivered to NSC on july 2nd...Received EAD 10 days ago...I-140 is from TSC...had a LUD on 5th august.....Receipts starts from SRC...it got transferred to TSC from NSC.. Received Date is July 2nd...Notice Date is August 14...
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buddyinsd
08-25 04:38 PM
Not sure if its a BREAK or no Visa numbers...
There were a couple of approvals today from TSC by looking at the other site.But slowed down a lot. Maybe USCIS is taking a break this last week and preparing for the next month:)
There were a couple of approvals today from TSC by looking at the other site.But slowed down a lot. Maybe USCIS is taking a break this last week and preparing for the next month:)
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acecupid
07-05 02:02 PM
Even if AILA loses the lawsuit, it will bring this entire incident to the limelight. The best thing we can expect out of it is media attention which unfortunately is not available to our cause at this time.
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sledge_hammer
07-04 02:14 PM
Mine was received by USCIS at 9:04AM on July 3rd, 2007.
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stldude
08-13 03:10 PM
Guys
Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28
Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28
more...
smitin_2000
09-09 07:19 PM
visa bulleting indicates what is going to happen to EB3-I for 2009-10 year, in next 3-4 months it will again become U, with date around Nov'01, and that's it, unless CIR get passed (don't know when........) with some urgently needed fix for EB category, it is hopeless atleast for EB3-I folks
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pappu
12-16 12:02 AM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
This is your first post. Welcome to IV. You may want to spend time on the forum and with state chapters. Getting actively involved may help you.
During the time of IV rally, I happened to speak with an IV member who is here in this country since early 1990s. He has always maintained his legal status and was unfortunate to restart his greencard process several times due to job changes. He did not have a green card at that time and his PD was not very old.
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
This is your first post. Welcome to IV. You may want to spend time on the forum and with state chapters. Getting actively involved may help you.
During the time of IV rally, I happened to speak with an IV member who is here in this country since early 1990s. He has always maintained his legal status and was unfortunate to restart his greencard process several times due to job changes. He did not have a green card at that time and his PD was not very old.
more...
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senthil1
03-10 02:54 PM
Any lobbying for immigration is tough at the time of recession. I think you are trying to do advocacy effort. Without getting approval from core IV group it will not be any use as advocacy effort only will not work. Senators will note your concerns and will act only if some bill is introduced. You need lobbying with advocacy effort for changing any law. Lobbyists will lobby only at right time as if they do in wrong time it will backfire.
This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
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snathan
02-09 07:51 PM
^^^^^^^^^^^^^
more...
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desi3933
07-08 01:20 PM
Your perspectives go well beyond what an average immigrant thinks about the whole EB system.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
It all comes down to priorities. If someone's aim to have GC at any cost, he/she will do everything to get to the finish line -- i.e. 180 days past I-485. In my opinion, GC process should be part of life, and it should not hijack 100% of time of highly skilled professional. No wonder, we see so many posts where person is waiting for AC-21 so as to get rid of "blood-sucking employer". For a neutral person, both employee and employer are using system to suit their needs.
Some people will go the extent of using term "slavery", whereas, actually, their thought process is slaved to the GC process.
And, employers know this very well and try to use to their advantage.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponsor.
>> have 2 years of experience or so, think that they have certain skills and employers would not live without them
You have described it very well. I have met many of such professionals while interviewing them for jobs. But, the reality is, these same professionals are scraed of their jobs being outsourced.
Some are simple cookie cutter prgrammers and compare themselves to reasearch scientists and technologically superior.
Another thing, I have noticed is that while on H-1B, vast majority of professionals claim that they are getting paid prevaling wages, but, on the other hand, they also claim they can make upto 50% more, if they had EAD or green card. Ironic! Isn't it.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
You are right. These are the rules set by current EB immigration system.
With this so called "exploitation" by whole Employment Based Immigrations, these professionals turn blind eye to whole thing after getting Green Card. Afterall they are, rightly, professionals.
How many times we see any green card holder or citizen supporting fellow immigrants?
H1 does not care for F1.
EAD does not care for H1/F1.
GC holder does not care for EAD/H1/F1
Citizens wonder why immigration level is so high.
Taking a quote from MTV Roadies program, each professional (roadie) is alone and has to look after his own best interests.
.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
It all comes down to priorities. If someone's aim to have GC at any cost, he/she will do everything to get to the finish line -- i.e. 180 days past I-485. In my opinion, GC process should be part of life, and it should not hijack 100% of time of highly skilled professional. No wonder, we see so many posts where person is waiting for AC-21 so as to get rid of "blood-sucking employer". For a neutral person, both employee and employer are using system to suit their needs.
Some people will go the extent of using term "slavery", whereas, actually, their thought process is slaved to the GC process.
And, employers know this very well and try to use to their advantage.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponsor.
>> have 2 years of experience or so, think that they have certain skills and employers would not live without them
You have described it very well. I have met many of such professionals while interviewing them for jobs. But, the reality is, these same professionals are scraed of their jobs being outsourced.
Some are simple cookie cutter prgrammers and compare themselves to reasearch scientists and technologically superior.
Another thing, I have noticed is that while on H-1B, vast majority of professionals claim that they are getting paid prevaling wages, but, on the other hand, they also claim they can make upto 50% more, if they had EAD or green card. Ironic! Isn't it.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
You are right. These are the rules set by current EB immigration system.
With this so called "exploitation" by whole Employment Based Immigrations, these professionals turn blind eye to whole thing after getting Green Card. Afterall they are, rightly, professionals.
How many times we see any green card holder or citizen supporting fellow immigrants?
H1 does not care for F1.
EAD does not care for H1/F1.
GC holder does not care for EAD/H1/F1
Citizens wonder why immigration level is so high.
Taking a quote from MTV Roadies program, each professional (roadie) is alone and has to look after his own best interests.
.
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humdesi
12-16 06:56 PM
..Having said this, I think I am looking back to go to india after couple more years of stay...
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Eveyone says that. Nobody actually goes back.
contributions $500
Eveyone says that. Nobody actually goes back.
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tonyHK12
02-25 09:34 PM
Your transaction ID for this payment is: 1KJ77263D2760803K.
Just contributed another $50 feeling better.
thanks for taking the initiative and donating again manish1905. It is sad to see only a few 100 'active. Most people want to see results before donating, but most don't realize we can't get results without thousands working first for many months.
So its up to us to work extra hard to achieve things that will benefit 500,000 people.
Things like Visa Recapture, which benefit 100s of thousands benefit everyone including EB3, as there are only about 40-60,000 EB2s left.
Here's the facebook link:
Immigration Voice | Facebook (http://www.facebook.com/group.php?gid=43009999999#!/event.php?eid=197404886938254)
.
Just contributed another $50 feeling better.
thanks for taking the initiative and donating again manish1905. It is sad to see only a few 100 'active. Most people want to see results before donating, but most don't realize we can't get results without thousands working first for many months.
So its up to us to work extra hard to achieve things that will benefit 500,000 people.
Things like Visa Recapture, which benefit 100s of thousands benefit everyone including EB3, as there are only about 40-60,000 EB2s left.
Here's the facebook link:
Immigration Voice | Facebook (http://www.facebook.com/group.php?gid=43009999999#!/event.php?eid=197404886938254)
.
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roseball
09-10 10:09 AM
I don't know what this means. This is what it say in the Mumbai website.
Category India Most Other Countries
F1 22 July 2003 22 July 2003
FX 1 March 2003 1 March 2003
F2A 1 June 2005 1 June 2005
F2B 22 August 2001 22 August 2001
F3 15 Janurary 2001 15 Janurary 2001
F4 15 April 1999 15 April 1999
E1 Current Current
E2 22 January 2005 Current
E3 22 February 2002 1 June 2002
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
Either the US Consulate got the EB-3 India date wrong or there was a typo in the Oct Visa Bulletin. I wish/hope there was a typo in the bulletin and Mumbai consulate got it right....Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)..But it seems they might have copied the date from China column of the visa bulletin...
Category India Most Other Countries
F1 22 July 2003 22 July 2003
FX 1 March 2003 1 March 2003
F2A 1 June 2005 1 June 2005
F2B 22 August 2001 22 August 2001
F3 15 Janurary 2001 15 Janurary 2001
F4 15 April 1999 15 April 1999
E1 Current Current
E2 22 January 2005 Current
E3 22 February 2002 1 June 2002
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
Either the US Consulate got the EB-3 India date wrong or there was a typo in the Oct Visa Bulletin. I wish/hope there was a typo in the bulletin and Mumbai consulate got it right....Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)..But it seems they might have copied the date from China column of the visa bulletin...
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nitlsu
10-25 12:34 AM
I am sure that IV has a game plan (and I sincerely hope I am not wrong here). As a matter of interest I have been regularly monitoring NumbersUSA and FAIR websites and they have already set out an agenda with a list of action items for their members. This includes passage in the Senate of restrictionist bills like H.R. 6061, H.R. 6094, H.R. 6095 etc. In fact they have notified their constituents that Congress will be holding a lame duck session beginning November 13th and that they should keep up the pressure on their legislators.
We need something similar to this - Do all the IV constituents even know that there's a lame duck session coming up? - Probably not. The core team needs to do a better job in communicating time lines and action items for IV members to act upon. We are ready to jump into the fray again however as IV's mission statement rightly says - we need our efforts to be organized and directed for maximum impact. Even if we are out-numbered 400-1 (or whatever that number is) by the restrictionists - we need to make the politicians aware that our voice needs to be heard too.
For starters - we could at least have a webfax similar to the AILA one urging immigration reform during the lame duck session (or have that AILA link displayed more prominently on the IV site as an action item)
#
We need something similar to this - Do all the IV constituents even know that there's a lame duck session coming up? - Probably not. The core team needs to do a better job in communicating time lines and action items for IV members to act upon. We are ready to jump into the fray again however as IV's mission statement rightly says - we need our efforts to be organized and directed for maximum impact. Even if we are out-numbered 400-1 (or whatever that number is) by the restrictionists - we need to make the politicians aware that our voice needs to be heard too.
For starters - we could at least have a webfax similar to the AILA one urging immigration reform during the lame duck session (or have that AILA link displayed more prominently on the IV site as an action item)
#
zerozerozeven
05-08 03:05 PM
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
simple1
05-01 03:21 PM
I second that. Technically they should not be. thanks MCQ, H1 and H4 is a great example
If at all they are counted they must be counted in FB2A not EB.
Honestly, I don’t care if they are counted or not. Why would 5 year old kid get counted in EB quota. I don’t get it.
as long as they are not counted in EBquota. There is no legal basis for that. Or atleast I could not find one.
I have long been of the opinion - told to me by an immigration lawyer, that when you file your I-485 when the PD is current, and your dependents file also that only the Primary counts towards the quota, dependent GC's do not count towards the employment based visa quota - so this may be a moot point as to whether or not they should be in the family or employment based lists.
Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.
If at all they are counted they must be counted in FB2A not EB.
Honestly, I don’t care if they are counted or not. Why would 5 year old kid get counted in EB quota. I don’t get it.
as long as they are not counted in EBquota. There is no legal basis for that. Or atleast I could not find one.
I have long been of the opinion - told to me by an immigration lawyer, that when you file your I-485 when the PD is current, and your dependents file also that only the Primary counts towards the quota, dependent GC's do not count towards the employment based visa quota - so this may be a moot point as to whether or not they should be in the family or employment based lists.
Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.
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