eb3_nepa
02-12 02:41 PM
I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.
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leo2606
04-12 02:20 PM
A person I know of did not get paid for about 2 years but this guy went to India for stamping in Delhi.He filed a law suite against his employer before he leaves. He showed all the documents related with the case when asked and got his visa.So I am thinking your reply will not jeopardize your H1B.You have evidence that you moved of this company and filed H1- B transfer knowing the company is bad.
Again you definetly need to consult an attorney like Murthy or Khanna to talk about this.I think you can get immediate consultation if you call their office, obviously they charge.I think it is worth spending so that you will not have mental tension.
Again you definetly need to consult an attorney like Murthy or Khanna to talk about this.I think you can get immediate consultation if you call their office, obviously they charge.I think it is worth spending so that you will not have mental tension.
cinqsit
10-07 08:32 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
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pathiren
07-20 05:23 PM
May be we should gather momentum, and ask ImmigrationVoice to start working to address the issue of past backlogs as well as future backlogs too. Moderators, please make a note of this thread and direct us on path forward. May be another flower revolution; or may be we should send pens saying "Change the immigration law and make US a beacon of freedom". This will decide the fate of millions of people in US waiting for their GC approval.
All directions from Immigrationvoice would be appreciated.
Thanks again for your response and keep on sending more responses.
All directions from Immigrationvoice would be appreciated.
Thanks again for your response and keep on sending more responses.
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vethalan
05-27 11:36 AM
I E-filed on Apr-13th. Sent doc's on Apr-19th. LUD Apr-21st. No Photo's sent with doc's.
Waiting for FP/Approval.
Waiting for FP/Approval.
rheoretro
09-25 05:20 PM
This will not amount to discrimination in any way. If you are not able to show the proof that you are legally entitled to staying in the country for the coming 3-5 years (and many people here are extending their H1 status every year) it will be very risky for a lender to extend a 15-30 year mortgage to you.
As a matter of fact in a very competitive market lenders most likely won't turn your application down, but will make you pay more in interest, which again does not qualify as any kind of discrimination.
I was approved a mortgage app. at very competetive rates... you can be asked by a lender whether you are a permanent resident or citizen or not, but you cannot be turned away just because your GC is still in the works.
And if someone does choose to leave the country for some reason, they sell the property or put it on rent. Hopefully, they would have bought intelligently enough so that in case they need to put the property on rent, the rent would cover the mortgage!
As a matter of fact in a very competitive market lenders most likely won't turn your application down, but will make you pay more in interest, which again does not qualify as any kind of discrimination.
I was approved a mortgage app. at very competetive rates... you can be asked by a lender whether you are a permanent resident or citizen or not, but you cannot be turned away just because your GC is still in the works.
And if someone does choose to leave the country for some reason, they sell the property or put it on rent. Hopefully, they would have bought intelligently enough so that in case they need to put the property on rent, the rent would cover the mortgage!
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ameryki
03-10 09:46 PM
Never mind lawyer just sent copies of the receipt notice. so we are good to play.
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sands_14
06-11 01:20 PM
Please refrain from saying such a thing for President.
He might have made mistakes but he has been a tough one for terrorists.Since Sep11,2001,he has kept the ppl safe.
6 years is a big time.
If he is trying something beneficial for Immigrants,lets support him and ask him to support our cause.
I think we should send faxes/emails to him to show our support and I am sure he will get our amendment passed.
Lets give this a try.I am sure he will make no more mistakes as these are some last things which can give a lot of credibility back to his Presidentship.
He might have made mistakes but he has been a tough one for terrorists.Since Sep11,2001,he has kept the ppl safe.
6 years is a big time.
If he is trying something beneficial for Immigrants,lets support him and ask him to support our cause.
I think we should send faxes/emails to him to show our support and I am sure he will get our amendment passed.
Lets give this a try.I am sure he will make no more mistakes as these are some last things which can give a lot of credibility back to his Presidentship.
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lotres
11-09 07:08 AM
My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!
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zCool
12-04 02:42 AM
You were supposed to get 92$ / hr for a LC you applied for in 2001??
exactly what is it that you do/did?
exactly what is it that you do/did?
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a1b2c3
06-16 12:27 AM
I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!
I think so too. I think its good to ask the immigration officer why the visa is being denied.
I think its best your parents apply by themselves and leave your brothers out.
When they see so many family members travelling all together for an extended period of time, they smell something. They feel your entire family wants to be out of Indonesia and will apply for asylum.
Another thing to do is to ask for a short duration visa like a month or so. It might help.
And forget abt the elderly granddad. No one will buy all that. Make sure the reasons for coming back are rock solid.
Sorry to hear about this and wish you the best luck next time. Don't give up hope and ask your folks to schedule another appt without delay.
I think so too. I think its good to ask the immigration officer why the visa is being denied.
I think its best your parents apply by themselves and leave your brothers out.
When they see so many family members travelling all together for an extended period of time, they smell something. They feel your entire family wants to be out of Indonesia and will apply for asylum.
Another thing to do is to ask for a short duration visa like a month or so. It might help.
And forget abt the elderly granddad. No one will buy all that. Make sure the reasons for coming back are rock solid.
Sorry to hear about this and wish you the best luck next time. Don't give up hope and ask your folks to schedule another appt without delay.
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rimzhim
06-01 01:38 PM
"Masters and PhDs would be exempt from the cap on H-1Bs and green cards," said Hoffman.
Are you sure of this? I, of course, hope you are right. It would be great!
Are you sure of this? I, of course, hope you are right. It would be great!
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desidas
01-23 08:28 PM
Ramba,
Please advise
I dont work for my GC Sponsoring employer anymore and I dont have H1B either
Will it be any issue at Port of Entry if they ask why I am not working from my GC employer anymore?
I changed jobs using AC-21 and working on EAD now and H1B not valid anymore
Please advise
I dont work for my GC Sponsoring employer anymore and I dont have H1B either
Will it be any issue at Port of Entry if they ask why I am not working from my GC employer anymore?
I changed jobs using AC-21 and working on EAD now and H1B not valid anymore
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trance
07-20 09:38 PM
Hey Dealsboy & Pagal,
Thanks a lot for your input. I really appreciate it.
Its a tough decision that has to be made.
Considering the fact that my wife is in the dental field and will complete her dentistry here in the US (Which is considered a graduate level Program) i was thinking may be she can apply in the EB2 category.
Do attorneys have any thoughts on this?
Thanks,
Trance
Thanks a lot for your input. I really appreciate it.
Its a tough decision that has to be made.
Considering the fact that my wife is in the dental field and will complete her dentistry here in the US (Which is considered a graduate level Program) i was thinking may be she can apply in the EB2 category.
Do attorneys have any thoughts on this?
Thanks,
Trance
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illusions
04-21 02:42 PM
I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.
Good luck to everyone.
Congrats on your approval. I have seen many approvals where the processing time doesn't match and i'm not sure if it's the case that they don't update it or they just process it randomly once the PD becomes current - anybody's guess i would think.
Good luck to everyone.
Congrats on your approval. I have seen many approvals where the processing time doesn't match and i'm not sure if it's the case that they don't update it or they just process it randomly once the PD becomes current - anybody's guess i would think.
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BharatPremi
03-17 10:26 AM
Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW, assuming equal number of each country category applied during july though in reality max. applicants should have been from China and India) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW, assuming equal number of each country category applied during july though in reality max. applicants should have been from China and India) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.
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myimmivoice
04-09 01:01 PM
I think everyone is interested in their interests. We call it vested interest. Everyone is going to work to further their interests just like we are working for our problems. To us, our problems are genuine, but may not be to everyone who we think they should be.
To the extent possible (with in the limits of our resources) in our publicity efforts, it is prudent to make our natural allies more proactive, to turn the people in our favor who are nuetral, and, reduce the impact of groups that are anti-legal immigartion by spreading the positives.
I am not in false hopes that every one is going to change their thinking because we told them our problems, but, we should try to the extent possible. It is not going to harm us.
To the extent possible (with in the limits of our resources) in our publicity efforts, it is prudent to make our natural allies more proactive, to turn the people in our favor who are nuetral, and, reduce the impact of groups that are anti-legal immigartion by spreading the positives.
I am not in false hopes that every one is going to change their thinking because we told them our problems, but, we should try to the extent possible. It is not going to harm us.
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BMS1
08-21 02:16 PM
So, once you have finished the security check, your I485 is approved, unless CIS wants to interview you. You said only a small percentage, wow, I hope I don't get called for interview.
How long did you wait after your biometrics to get your 485 got approved?
There were twobiometrics. One was with initial application (probably Nov/Dec 2005) and another was in May 2007 when the first one expired (FP is valid for 15 months).
How long did you wait after your biometrics to get your 485 got approved?
There were twobiometrics. One was with initial application (probably Nov/Dec 2005) and another was in May 2007 when the first one expired (FP is valid for 15 months).
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tonyHK12
01-21 11:35 AM
I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)
What do you think?
This is a Good one, defenitely a useful point:
"Not allowed to not be.... the No. 1 student in every subject except gym and drama"
"almost 70% of the Western mothers said either that "stressing academic success is not good for children" or that "parents need to foster the idea that learning is fun."
What do you think?
This is a Good one, defenitely a useful point:
"Not allowed to not be.... the No. 1 student in every subject except gym and drama"
"almost 70% of the Western mothers said either that "stressing academic success is not good for children" or that "parents need to foster the idea that learning is fun."
indianindian2006
09-16 04:29 PM
Called again and made a few friends call.
Be_Pragmatic
06-20 12:57 PM
Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.
I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.
My 2 cents but please do what is right for you.
I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.
My 2 cents but please do what is right for you.
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