hsd31
05-12 10:04 AM
Please search the forums. This has been discussed multiple times (and frowned upon by some multiple times :)). The gist of it is: it is not your qualifications, but the Job requirements that determine if it is EB2 or EB3. Also, you cannot count the experience you have gained with your employer when filing for GC with the same employer. Moreover, since the July 07 fiasco, EB2 filings for tech jobs are been closely looked at by USCIS and can be subject to a Business Necessity RFE, unless the position is on the Managerial side of things. The best advice I can give you is: Consult with your lawyer since each case is unique and there could be justification for a port in certain cases.
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locomotive36
11-11 02:32 PM
^^ bump ^^
shsk
07-19 11:35 PM
I agree with you, if it takes more than a year, do we have to stay in the same apartment, there should be some workaround (without any pbm)
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singhsa3
10-21 06:42 PM
All,
I submitted my first application on July 2nd. since I did not get receipt notice till Aug 16th so I filled the second (as back up) one on Aug 16th. Later I did get my receipt notices for July 2nd.
Though, I did put stop payment on the checks for the appliaction filled on Aug 16th but yesterday, I received their receipt notices.
Now, I have two A#s one for July 2nd applications and another one for Aug 16th appliaction.
I was planning to just sit on it and do not respond to finger printing notice or any communciation from USCIS for Aug 16th application and hence causing it to get rejected.
The reason I do not want to communicate with USCIS is that I don't want any confusion and hence anything happen to my July 2nd application.
Is it a right strategy? Please comment.
I submitted my first application on July 2nd. since I did not get receipt notice till Aug 16th so I filled the second (as back up) one on Aug 16th. Later I did get my receipt notices for July 2nd.
Though, I did put stop payment on the checks for the appliaction filled on Aug 16th but yesterday, I received their receipt notices.
Now, I have two A#s one for July 2nd applications and another one for Aug 16th appliaction.
I was planning to just sit on it and do not respond to finger printing notice or any communciation from USCIS for Aug 16th application and hence causing it to get rejected.
The reason I do not want to communicate with USCIS is that I don't want any confusion and hence anything happen to my July 2nd application.
Is it a right strategy? Please comment.
more...
file485
09-26 05:13 PM
Hello,
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
GCTrouble..
can you give in the exact scenario...I think many-many of us are just is in the hope to use the old EB3 PD to a later EB2 PD and get out of this hell hole..
As much as I know,we must have both EB3 and EB2 140's approved separately and during filing of 485 submit both the approved i140's with the earliest PD..
Anyone who knows about this ..pls comment what is the right way to do this stunt..
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
GCTrouble..
can you give in the exact scenario...I think many-many of us are just is in the hope to use the old EB3 PD to a later EB2 PD and get out of this hell hole..
As much as I know,we must have both EB3 and EB2 140's approved separately and during filing of 485 submit both the approved i140's with the earliest PD..
Anyone who knows about this ..pls comment what is the right way to do this stunt..
hemya
08-18 10:17 AM
Do check with your company/lawyer to see if it has been approved. My online status still says 'pending' even though I heard from my manager and lawyer on July 18th regarding the approval of my I-140.
Approval date was July 14th
Approval date was July 14th
more...
prouddesi
10-16 11:57 AM
^^^^^^
Hello Folks,
We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.
Venue: Diwali Mela, San Diego.
Date: Saturday, November 10th.
Target: A whopping 5000 visitors for recruitment and educational purposes.
I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!
PLEASE SIGN-UP on the yahoo groups spreadsheet.
Thank you in advance! :)
Hello Folks,
We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.
Venue: Diwali Mela, San Diego.
Date: Saturday, November 10th.
Target: A whopping 5000 visitors for recruitment and educational purposes.
I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!
PLEASE SIGN-UP on the yahoo groups spreadsheet.
Thank you in advance! :)
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rharan
05-02 02:29 PM
Hello All,
My RIR (EB3) is still pending and the PD is Nov 2004.
My Perm (EB3) got approved April 2007.
Now I'm on 7th year H1b based on my RIR date.
If i file 140 based PERM and PD will be april 2007, If approved I'm eligible for 3 years H1 extension.
What happen if my RIR got approved? Can I file another I140 and retain my PD as Nov 2004?
Pl. advice.
Thanks
My RIR (EB3) is still pending and the PD is Nov 2004.
My Perm (EB3) got approved April 2007.
Now I'm on 7th year H1b based on my RIR date.
If i file 140 based PERM and PD will be april 2007, If approved I'm eligible for 3 years H1 extension.
What happen if my RIR got approved? Can I file another I140 and retain my PD as Nov 2004?
Pl. advice.
Thanks
more...
mnq1979
10-23 10:39 AM
Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?
In addition to my above question can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform him? secondly do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?
In addition to my above question can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform him? secondly do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?
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bkshres
10-07 03:47 PM
Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.
Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?
Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?
more...
somegchuh
01-28 06:59 PM
This question is specific to Indian nationals with children born in US.
Has anyone on H1 or pending 485 received OCI for their US born child? We were able to get OCI for our first child a few years ago but the rules seem to have changed and cgisf.org states that a child whose both parents are Indian citizens can't get OCI. Any ideas? Is PIO the right option now?
Has anyone on H1 or pending 485 received OCI for their US born child? We were able to get OCI for our first child a few years ago but the rules seem to have changed and cgisf.org states that a child whose both parents are Indian citizens can't get OCI. Any ideas? Is PIO the right option now?
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felix31
06-05 03:16 PM
I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.
Pappu,
I guess the uprooting thing depends on many other issues....
E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.
However the retro thing is ruining everything (just like so many others here - we are not an exception).
In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
Will that help me? No, sir!
We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).
So, in our case - moving to Canada is much like moving to another State...
Not a big deal...It certainly will not be the first time to rent U-haul. :)
What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.
It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..
I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.
Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
If one spouse suffers and is not happy, how can the other be content?
He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.
I would LOVE to work, BUT - as H4 - I can only dream about that.
Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.
Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.
In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.
Pappu,
I guess the uprooting thing depends on many other issues....
E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.
However the retro thing is ruining everything (just like so many others here - we are not an exception).
In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
Will that help me? No, sir!
We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).
So, in our case - moving to Canada is much like moving to another State...
Not a big deal...It certainly will not be the first time to rent U-haul. :)
What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.
It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..
I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.
Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
If one spouse suffers and is not happy, how can the other be content?
He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.
I would LOVE to work, BUT - as H4 - I can only dream about that.
Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.
Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.
In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.
more...
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gc_on_demand
01-20 08:31 PM
I had an appointment at Mumbai Consulate on Jan 5th , 7th year ext. Since my I 797 approval date and stamping date was too short ( 1-2 weeks ) USCIS or DOS failed to update info in PIMS on time. I got yellow slip after few basic questions and told to wait for 2-3 biz days. I informed my lawyer in USA and he made contact to DOS there and ask them to update record. Also I had renewed my Indian passport since I applied for I 797 so they had old pp no in record. Lady from DOS promised to work on my case but didn't give any definite time limit.
but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.
but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.
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ganguteli
07-07 11:58 AM
Large scare denials will help people wake up. A lot of these H1B folks with I140 approved and EAD are living in a state of denials. Only when they get RFE or denial they come to IV.
Unless these people support, people who are in the labor pending stage will not get enough members to help them out.
Unless these people support, people who are in the labor pending stage will not get enough members to help them out.
more...
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deepakjain
06-18 03:22 PM
Make sure you post all the required document 5 "working days" - If appointment is on monday then your papers should reach by Sat of previous week....
Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....
I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...
Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...
- Deepak
Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....
I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...
Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...
- Deepak
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paskal
02-22 06:57 PM
.. yet there is still lot of frustration that India is not getting enough Visa .. :rolleyes:
a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.
a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.
more...
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pd_recapturing
09-04 10:33 AM
I-485 with EB2 PD Sep 06 send on July 18. Once I receive the RN, I will apply for I-140 with EB2 PD March 2003 and request to transfer my pending I-485 application to the newly filed I-140 petition since my PD is current in September.
So your new I-140 has not been approved. Would you wait for it to get approved or you will request interfiling while applying 140?
So your new I-140 has not been approved. Would you wait for it to get approved or you will request interfiling while applying 140?
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chanduv23
10-02 02:04 PM
^^^^^^^^^^
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prom2
11-05 12:32 PM
Finally I got mail from USCIS on 11/04 saying my AP is approved. But the message says it is approved on 10/17. I didn't know why they took so many days to update the status? Is it normal?
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Mine was the same, I receive email on 11/04 and notice sent on 10/17.
Good luck.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Mine was the same, I receive email on 11/04 and notice sent on 10/17.
Good luck.
VenuK
06-16 02:10 PM
HI,
I recently went for stamping in Canada and they did ask me recent paystubs.
I woudl work for the new company , have some paystubs and then go to neighboring country to get the stamping done. But if the current visa on passport is valid for some more time, I dont think its really needed to get visa from latest company. To my knowledge u can always use old stamp to travel, as long as you have the latest aproval petition and you carry with you,I may be wrong if somehting changed recently,
Thanks,
Sri.
Hi Sri,
Thanks for your feedback.
The current/recent visa on my passport is expired in Dec 2007. but i have applied for H1-B extension in June 2007.
Thats why im so nervous about the whole situation.
fyi... I have all the pay stubs from my old company till May 2008.
Venu
I recently went for stamping in Canada and they did ask me recent paystubs.
I woudl work for the new company , have some paystubs and then go to neighboring country to get the stamping done. But if the current visa on passport is valid for some more time, I dont think its really needed to get visa from latest company. To my knowledge u can always use old stamp to travel, as long as you have the latest aproval petition and you carry with you,I may be wrong if somehting changed recently,
Thanks,
Sri.
Hi Sri,
Thanks for your feedback.
The current/recent visa on my passport is expired in Dec 2007. but i have applied for H1-B extension in June 2007.
Thats why im so nervous about the whole situation.
fyi... I have all the pay stubs from my old company till May 2008.
Venu
zoooom
06-17 07:59 PM
How about this scenario..
I invoked AC21 and changed job using my EAD. Now my new employer applied for my EAD and AP renewal. I got the approval for the renewal today....does that mean USCIS is ok with my application (AC21) or they will verify it at the time of 485 adjudication?
I invoked AC21 and changed job using my EAD. Now my new employer applied for my EAD and AP renewal. I got the approval for the renewal today....does that mean USCIS is ok with my application (AC21) or they will verify it at the time of 485 adjudication?
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