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  • hpandey
    01-30 11:45 AM
    My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.

    I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.

    Appreciate your feedbacks on this.


    Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.

    Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.





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  • waitin_toolong
    08-14 06:11 AM
    It is not crystal clear wether you can extend H1 or not after using EAD but is clear that you cant be working on H1 for one employer and EAD for another.





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  • zdash
    10-26 02:32 PM
    In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15). I went through 4 yrs of high school, got my GED followed by an associate degree from community college and now I'm an undergrad student pursuing my bachelor degree; will graduate in a year. Meanwhile, my mother became a U.S. citizen through marriage when I was a sophomore in college, simultaneously my I-130 was approved and now waiting for the visa availability; the priority date: Dec 08, 2006, F1.
    Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
    Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.

    Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.

    On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.

    With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.

    Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.

    If there is any hope, your help/advice/inputs will be greatly appreciated!





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  • saibalagi
    11-09 01:13 PM
    Hi One of my Friend also got same issue for his I140( Eb2) regarding his degree, I140 got denied.
    After that he has done Education Evalutaion per number of hours sunject/subject with Career Education Evalution , then Appealed.
    But case is still Appeal Court.


    I don't know how long it will take to get out put. But in his Edu. Eva then went for subject /subject and gievm Equalent to Ms degree in USA.

    I think this could help
    I'm pretty much sure you should get Ms degree in USA with your B.Sc. Physics and MBA.

    Thanks.



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  • Imigrait
    03-05 06:47 PM
    Agree with hpandey





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  • sayantan76
    06-01 06:55 PM
    It does not make sense to me how folks who are on L1 visa and manage some people can go at par with the people of Extraordinary ability .

    I can understand if they holding a position where they make some policies/ generate bussiness that gonna have major impact on Employees or organizational direction ...

    But I have seen some people who not at par qualified has applied for GC on EB1 category just because they are on L1 Visa it is getting expired....

    But i feel that there is a big glitch in the definition of this category which many of the DESI Companies are abusing ....:(
    you do not need to be on L1A to apply for EB-1 managerial as long as you meet the requirements of being a manager as per USCIS definition. also eb-1 managerial is not a self-file - it needs to be filed by employer.



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  • go_guy123
    03-12 01:12 PM
    In addition to the above questions:

    USICS had stopped the movement of EB2/EB3 dates by not allotting visas and on the other hand they had also added too many restrictions on H1 extension [like valid Purchase Order for all visa extension], no matter you have approved I-140. These days they give H1 extn for only that period of time till PO is valid. That means if the PO is valid for 4 monnths one gets H1 extn for 4 months only and if it 6 mths then extension for only 6 months. This means that after 4,6 months one again has to apply for H1/H4 extensions and again pay all those fees.


    This really sucks !!
    Is the intention of all these laws is to catch fraud or kick out all immigrants from this country ?
    :mad::mad::mad::mad::mad:

    Yes, to some extent they do want to end the use of H1B for contract related jobs.
    Benching, percentage basis etc were not in H1B rules. Now they are trying to crack down on all that. They are trying to make the H1B-body shopper business model un-viable.





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  • praveenuppaluri
    02-21 10:41 AM
    Hello all

    starting Jan 19th 2010, all the previous forms for non-immigrant visa (DS 156, 157 and 158) are removed and one single form DS 160 is introduced. I am trying to fill that for my parents and this form is an online form and one of the questions in page 1 is "your full name in native alphabet". I remember filling that for my H1 previously where I take the printouts and write my name in that box in my native language. the new form however doesn't let you save or move forward with an empty box. the only other option there is "do not apply" and not sure if that is the right way of doing it (right now its the only way I can fill this form)

    anyone who filled this form recently - can you please share what you did?

    Thanks
    Praveen



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  • Dhundhun
    08-06 09:57 PM
    What is does 1% to 5% means ?

    1% to 5% of I485 applicants register in . This figure 1% to 5% is quoted at several places and in absence of any other data, I am using this data. If we take median value of 3% worldwide EB2 approvals are around 50 and so TSC+NSC approved 1600 cases in four working days of August (400 per day).

    Median value is OK for reference, couple of places, it is quoted that 20,000 GC numbers are available for EB2. For 40 working days in Aug/Sep, it averages to 500 GC per day.





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  • coopheal
    01-01 01:46 PM
    dude couple reasons listed above, other reasons from the various posts on this topic.

    1) UCIS not applying law AC21 in 2006. This law allowed more than 7% visa to over subscribed countries.
    2) Too many labors comming from back log center. Thus UCIS guess latter in the year their will be more demand of EB2s.
    3) Lot of people have switched to EB2 from EB3
    4) The formal retrogression phenomenon started around 2003.

    Things which can fix this situation are:
    1) Law by US govt to add more visas this year.
    2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.



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  • Berkeleybee
    03-28 11:19 AM
    I agree it is hard to comprehend, and I must admit I still do not understand:)

    Ramboom1, brb2,

    Read the first post in this thread http://immigrationvoice.org/forum/showthread.php?t=346

    and ask any follow up questions there.





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  • yagw
    12-07 08:06 AM
    My wife's EAD expires later this month. She doesn't intend to work; so does she need to renew her EAD? She doesn't have another status like h1 or h4. Will she be out of status when the EAD expires?

    The bigger question is that I got my GC a few months ago; but she hasn't got hers. We had an interview at the local office; the officer said he's recommended approval of the 485 and we should get it soon. This happened 2 months ago and still we don't see the 485 approval. The officer also mentioned we could go to the local office any time and get a GC stamp in the passport. Is this true? Can we just take an infopass and get the stamp right away? Do they do that? I called the call center but they just say it's pending and they won't give me any information.

    really appreciate your advice...

    srini

    For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.

    For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.



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  • ganip
    10-30 03:43 PM
    We applied for SSN today, they said the same thing that it should not be a problem to get SSN. But i guess the best option would be to refile instead of waiting for renewal as i plan to use my EAD and work.





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  • Fightwithfate
    03-15 04:05 PM
    Online case status can be confusing and sometimes incorrect. Your employer has paid for premium processing, which entitles them to contact USCIS through dedicated premium processing channels. They respond very quickly on these channels. Urge your employer to contact them, if there are any doubts about the status.

    Hi,

    Thank you for your reply.My employer contacted VSC.They told him that there was an error in the system sometime back but what ever the status is showing in online is the current status and if they require anything they will contact him.
    getting confused again.



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  • mdipi
    11-18 03:18 PM
    the 15 ppl...lol, j/k.





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  • philly2004
    06-12 01:30 PM
    Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.

    Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.

    Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?



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  • Redeye
    04-10 10:58 AM
    But look at this from Prashanthi Reddy.

    http://www.reddyesq.com/GC.html#37

    I am presently on H1-B and filed I-140 and I-485 under Exceptional Ability & National Interest Waiver category, I got EAD (I-765) approval also;, can I do any part time job by using EAD as well as maintaining my H1-B status?
    Yes you can, as long as you continue to work for the employer that has sponsored you for the Green Card.


    I want to solid answer if possible no gray area type answers. I am done with gray areas. After 6 years of wait last thing I want is gray area :) that is reason why I posted.





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  • niklshah
    09-19 11:01 PM
    Guys..i have noticed that so many other members has already been complained about the getting Red dots for no reason...i got the red for this post for just a spell mistake. This is too much and IV has to do some thing about this. Otherwise people will afraid or not be willing to post their opinions here...

    hey bro i did not give u red dot for spelling mistake, i frankly told u to edit it...





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  • boom
    10-01 07:17 PM
    Let me know if someone successfully cancelled 2nd application.Is stop payment advisable.As USCIS is saying not to do stop payment.





    ganguteli
    07-07 12:32 PM
    Why can't your friend post this himself?

    You are such a good friend that you care about his immigration needs. ;)





    Kalloo dada
    03-26 03:21 PM
    I am not sure how these questions will help? Maybe it will proove that we are high skilled and highly paid members who cannot even contribute $20!!

    Indians dont want to pay, they want everything free or cheap.

    FYI--I am also an Indian.



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