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  • hebron
    06-14 02:22 PM
    Hello All,
    My EB3 PD is September 2004 with no end in sight. I was promoted to Principal Software Engineer back in 2007 and would like to know if I can port my EB3 to EB2. I have a Masters degree with 13 years of experience. I have been working with the current employer since 2002 (8 years experience).

    I asked my attorney for his advice and he responded with the following: "If you have been promoted to a position for which the company normally requires a Masters degree (or a Bachelors and five years of experience), and we can prove it, then we can certainly do the labor certification again as an EB-2 and we can upgrade the I-140 to an EB-2. The key is being able to prove that it is truly the company�s requirement for the job. Otherwise, we all end up with potential problems for fraud and you may NEVER get the permanent residence."

    My question is if anything goes wrong with the porting process, can I fall back to my current EB3 without any issues? Has anybody ported from EB3 to EB2 working with the same employer? If so, could you provide some insight into this?

    Thanks.





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  • h1techSlave
    04-21 09:31 PM
    DL is essentially controlled by individual states. In MD they just give you 5 years irrespective of the visa expiry date. Only thing is that you need to have I-94/EAD + a visa (expired is fine). I have recently extended my MD drivers license thru mail.

    In VA, I heard they would give only until the expiry of the EAD/H1B.





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  • venky08
    07-28 05:07 PM
    quite interesting find...do you have a reference?


    Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.





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  • webm
    01-23 10:19 AM
    Sounds great..esp TSC dates.



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  • gc_in_30_yrs
    11-21 06:59 PM
    In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?

    "Premium GC processing" will work as follows:

    Pre-processing Condition/Base Rules:
    If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....

    ...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!

    USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..

    Premium Paid GC - Few base Rules:
    Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:

    1. Pre- adjudicated:
    Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability

    2. Income Tax & W2�s:
    Applicant pays Income Tax, files W2�s for say 3-4 years

    3. EAD�s more than 3:
    I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years

    4. Check Legal entry in USA:
    Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA

    5. Security Threat/Name Check:
    Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?

    6. FP:
    Finger Printing at least once (NOT over by 15 months etc..)

    7. Biometric:
    I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time

    8. H1B/H4 extensions:
    I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)

    After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.

    I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
    Just kidding. I like your analogy.





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  • nk2006
    05-11 10:13 AM
    As zCool pointed out, points based system is just a delay technique. No point in discussing its pro's and con's. If they treat it as long term solution with proposal for near term; then it may be OK otherwise we are screwed.

    Point based system is much much more difficult to formulate. With present pace of lawmaking and implementation capability (of congress and USCIS respectively) it will take years before anything can happen and we will be rotten by that time.

    Our hope is with CIR with a few of our measures or SKILL/STRIVE/TALENT etc.



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  • howzatt
    08-15 11:34 AM
    What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?

    How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.

    I do not know about the guidelines but these FAQs were released a few days ago(definitely after July 2nd).

    Your question about how do they physically transfer applications is just very stupid. Just think about it. Your lawyer made a mistake and you want to blame USPS or USCIS for it? Nobody can tell you for sure their method of transferring applications. I dont think you have any other option but to wait.





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  • desi3933
    02-11 10:34 AM
    Sanju is correct.

    Look at his posts. He is making up stuff.

    hi everyone..i try to long story short.i came here 2001 with b1 then i stay since date.. 2004 my employer apply for gc. so far i got my i 140 approved notice about about 1 year ago..
    but law we have to wait.they my lawyer said we have wait mayby long time.. my case date is april 2006 ..
    Q1-do i have rigth to work here now?
    Q2-do i have to wait realy long time?
    Q3- can i do anything for waiting time shorter?

    MY lawyer is good man but i can even talk to him when i need

    ...

    i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
    My question to you .. my lottery case priority date can be use for my eb3 case?



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  • dealsnet
    09-07 11:03 PM
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  • admin
    03-28 06:03 PM
    I agree that you guys should push for an ammendment that one should be able to file 485 and join the queue and get the derivative benefits once 140 is approved. If we get that alone it is better than nothing.
    However let me put it to you guys that without the green card in hand, living in limbo land albeit with some mobility is no fun either. Isn't that sort of what the illegals have now at their own labour level. We will be 2nd class citizens to be discarded at a fire brand politician's whim and fancy.If that wait is many years it will not be good. Further those applying later and later will eventually end up with inordinate waits leaving them the choice of waiting for decades like in some family based categories.
    I am only saying this since it was stated that this should be the number one priority. The absolute number one priority for all of us should be to quicken the time to a GREEN CARD.

    posmd,

    If we're able to make every category current, then this amendment for filing I-485 will be moot. But then again our goals will have to tempered with ground reality. While we're fighting very hard against the hard country limit, there is no guarantee that it will be revoked. In the house-senate conference again, we cannot be sure that all of the exemptions like the ones for Dependents, STEM will not be stripped. So there is a very high chance that priority dates are not going to become current. So with that in mind, we need to make sure that atleast our life during the time that we're waiting for GC is much easier.



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  • satyasaich
    06-29 09:48 AM
    My friend

    What else we lose if we stand up the plate to express some legitimate concerns?

    Most of the members of this forum (and so many more) have already lost the prime time of their lives because we just followed the path of playing by rules.

    Unless one has some compelling personal reasons, i do not see any thing wrong to raise the voice

    ---
    Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
    Beware! Big Brother is watching.

    That is the reason I didn't support the US soccer team at World Cup.
    US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D

    Hilarious! Couldn't resist :o





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  • sertasheep
    05-24 01:52 PM
    Great job, Salil. Can you share your experience working with the press? Was it easy getting the newspaper to carry this article, or did you have to pursue this for a long time? The reason I am asking this is, its hard for one to determine what the media will print. They may take one quote from you but might use it in a different context. I came very close to quoting on Seattle Times but stayed put as the reporter wanted my opinion on the "other" current debate that's going on, and she was not willing to carry an article on Legal immigration alone.



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  • barath_india
    07-17 03:50 PM
    Actually it is the G28 form that you sign to give authorization for your lawyer to represent you. It is valid just the one time when they file the forms and not considered as for your life of your form/application.

    This means, that in future all the corresponsence related to the form in case of I-485 will be forwarded to you aswell as your lawer/company immigration dept by USCIS. For example, if USCIS sends a FP notice, that both of you guys (You and Company lawer) will receive the copy.

    Bharath





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  • chanduv23
    01-04 12:01 PM
    Looks promising



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  • IneedAllGreen
    02-23 01:23 PM
    My Wife is attending her graduate school here. There is no need to show other than H4 visa and in most states you can have resident fees paid for your spouse study. More you can get information from the school you are intersted for H4 visa holder. Hope this help you.

    Thanks
    IneedAllGreen





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  • chanduv23
    07-09 02:02 PM
    Be careful with Lawyers - there is a way to handle them. Remember, you may hate them for their attitude, but your approach to them should be pleasing.

    You have to be very very very pleasing, praising, and kiss ass. You must kiss their ass like anything to get things done.

    On the contrary - paralegals are very rude and you must be very careful dealing with them. They have the skill of triggering your anger and in most cases, you want to let the lawyer know how dissatisfied you are, and this in turn triggers Lawyer's ego.

    For immigration lawyers we are the clients - but they don't work for us, they work only to extract innocent immigrant money.

    They tend to side with stupid HR personnel from big companies and give them all sorts of advices on immigration and form the HR lawyer alliance. They are nice to each other and share love bites.

    The best way to deal with a lawyer is - Kissssssssss asssssssss , praise them, thak them, keep them in best spirits, never get annoyed, tell them u can come over to their office if they say they are busy. You all don't need a lot of explanation - I think you understand how things work



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  • Winner
    04-09 02:36 PM
    Guys and Gals,
    I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.

    Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.

    Questions:

    Is this legal?
    Is it a common practice?

    Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.

    If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

    Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

    Thanks for your time.





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  • vasired
    08-10 03:47 PM
    u can read it on http://blogs.ilw.com/gregsiskind/ or for complete press release

    http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm





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  • TeddyKoochu
    09-04 02:11 PM
    Dear Friends, My sincerest hopes and prayers that EB2-I dates advance my PD is Jul 2007 and we narrowly missed the Jul 07 windfall. I hope our wait for EAD & AP ends this year!

    My mind says its difficult, heart says pray for it, maybe our wishes and prayers are granted in the Oct VB. Good luck to all :)





    dummgelauft
    08-20 02:06 PM
    Sir, You while your ideas are defintely ground-braking, my we know, how an "apology form USCIS" will help you with the rest of the "ideas" that your goodself has proposed.

    IMHO, the SINGLE most important "fix" (apart from Visa recpature and such) will be the removal of condition to remain employed, if an EB applicant's application is pending for more than 3..4..or 5 years.

    This alone will bring a lot of stability and peace of mind to the thousands who are suffering.





    rahul2699
    05-16 09:12 AM
    Thanks you are right on consular processing and you are also right that on transfer receipt one can start working

    But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.

    So thats something i am trying to sort out.


    you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.



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