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  • enthu999
    08-25 11:56 PM
    Hello Friends,

    As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]

    At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.

    I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.

    I really want to do that. I am not sure where to start.

    1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.

    2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.

    3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.

    Gurus...any help or advise or information is really appreciated.

    Thanks,

    I filed my EB3 with PD of 2003; due the backlog my company filed EB2 Perm considering the costs for H1B costs and the constraints attached.

    If you are working in a full-time job and if they want to retain you on permenant basis considering the risk with EAD they might help you with the process. It is worth checking.

    If step # 1 doesn't work then obviously you might need to consider step#2. All desi consultancies are not bad..consider size of the company before you take up any thing..any thing with 300-500 employees might be good to consider.





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  • MDix
    02-11 01:58 PM
    That's absolutely right.
    I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.

    So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
    This is just my thought!


    Thanks,
    MDix





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  • chanduv23
    04-14 03:55 PM
    My I-140 was denied incorrectly , as a result my I-485 was denied.
    The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.

    My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.

    I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.

    Can I use my EAD?-----My Lawyer says my EAD is invalid.

    You may start looking for a job and as it is already 6 weeks past MTR filing, you may get a decision soon.

    Working or not working on EAD is an ambigious call. Some lawyers say you can some say you cannot. If you already exhausted 6 years on h1b and if there is such a rule then your h1b is also considered in the same way as your EAD?





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  • raysaikat
    01-06 12:42 AM
    reminds me of a popular hindi maxim:
    "Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"

    loosely translated in english it means

    Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...

    (thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)

    He would definitely be rolling in his grave by your spelling :D It is "dessert". Unless you are one of the mythical Egyptian gods like Anubis, you are not going to eat a "desert" :p



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  • abhisec
    08-06 02:29 PM
    I am not an expert in starting a poll - But I think it will help to take a headcount for /year PD basis.

    Esp. 2002,2003,2004,2005,Until June1,2006 cases. Proportion of which could serve as some kind of estimate - Can be cross checked with for sanity.

    Amen to that. See my sig.





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  • ram_nara303
    06-02 02:04 PM
    Done.



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  • swamy
    04-23 06:30 PM
    if only the bill was in place 3 centuries ago we wouldnt have had all these problems...& anyone who thinks this is against only hispanics is daydreaming!arizona has a ton of international students who are going to be targetted too!no ruckus on campus between white & non-white students will be reported anymore so racists will potentially get away with anything and everything. as it is the terminolgy calling legal immigrants 'aliens' and 'parolee' &what not is demeaning & confusing butnow add to it the local overenthusiastic minuteman type police checking ur i94 & seeing advance parole status-will make helluva interaction!while democrats are cynically playing politics republicans are actually acting on their agenda.





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  • vghc
    07-25 11:04 AM
    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.

    Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. Don't think too much of this GC thing, it'll never come next month or next 6 months, so stop wasting all your energy on something you can't control. Make full use of your time here. US have lots to offer us if we just let go and start enjoying life. Good Luck!! :)



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  • psaxena
    11-19 03:59 PM
    whose gonna do this???? Show me one who is going to do this..

    I don't see anyone coming forward. So yeah please continue.

    Also anyone for a seperate quota for JHUMRI TALIYA? Like me they are intelligent smart and focussed most of all they are willing to do something. So how about a seperate quota for JHUMRI TALIYA?

    Come on this way we will get the GC much before than anyone else...





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  • msngroups
    05-17 01:24 AM
    Whoa, now be careful what you say there tiger. Outsourcing has nothing to do with the H-1B program, if everyone followed the law. Then people wouldn't be in America, underpaid or on the bench. American companies outsourcing to India etc. is happening. Everyoe is entitled to an opinion on whether that is right or not. But BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES is simply illegal, and has nothing to do with the issue of outsourcing. Two different things.

    I am not saying all American companies are saints. The ones breaking the law should be punished accordingly. But facts are that Indian companies are among the biggest abusers of H-1Bs. Nothing wrong with Indian companies in general. But the ones breaking the law should be brought to justice, it's as simple as that.

    Only one question: Ultimately for which companies the h1b consultants work for? It is not for Indian companies. It is always for projects in US companies. Mind it. Let US companies decide whom they want? I do not understand Why some people here are talking that Indian companies are using h1b etc etc.

    Go and ask US Govt to provide free College education in computers to everyone in US. Then you will not have all these problems right. Instead of dealing the problem that way simply blaming trade laws?



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  • jonty_11
    07-02 03:23 PM
    Total 1000 for Medical - self
    UUSees and Attorney Fees - EMployer





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  • diptam
    08-01 01:14 PM
    yabadaba also said that his reached 7:30 am but no Receipt so far that means FIFO dont work. Does USCIS has a special affection for guys between 9 to 9:30 ? or may be the clerk working that time was hyper active :rolleyes:

    Its difficult to comment anything generic on USCIS


    USCIS mail room received it at 7:55AM on July 2.



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  • file485
    12-29 08:00 PM
    thanks perm for the reply..

    will they look into IRS records for tax returns etc..? or am I thinking too much..?
    ever heard of such things before..?





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  • badlucky
    05-14 06:23 PM
    hmm, i think munnabhai did the right thing.

    sometimes people give irrelevant advice. one guy asks im getting divorced, what shud i do with respect to 485? if people tell him, stop worrying bout 485, focus on ur life and fix ur marraige, then its not helping him from a "forum" perspective.

    thanks



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  • lazycis
    11-30 01:30 PM
    Congress never thought that I-485 processing would take more than 1 year (I-485 pending for 180 days is called "long-delayed" in 8 USC 1154(j), see also 8 USC 1571). If the USCIS was able to process all I-485 in one year time frame, there would be no retrogression!





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  • thamizhan
    07-19 09:54 AM
    This is not the case for me....but during a discussion with my attorney and other friends contacts they said if you do not attach the medicals now you may get RFE at a later stage...which you can resolve it.

    I bet any RFE can be articulated with reason by attorney if they are smart enough.

    This is something I heard...but do not hold me on that. Please check with your attorney too and make a decesion.



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  • GCmuddu_H1BVaddu
    11-19 02:59 PM
    How about taking out US Masters off all the queues for a while, that will as well speed up the GC process for others. :D:D

    Come on guys. Just because CIR is in question for few more months people are coming up with their own agenda. I will come up with my own, how about seperate quota for the folks came in Year 2001 because we faced lot of struggles to keep the job during the bad market.





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  • asdcrajnet
    07-17 10:59 AM
    California
    ----------
    I-90 Application to Replace Permanent Resident Card Initial issuance or replacement July 11, 2006
    I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 March 26, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad May 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. May 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. May 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers June 30, 2007
    I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers June 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees May 15, 2007
    I-129 Petition for A Nonimmigrant Worker E - Treaty traders and investors May 15, 2007
    I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers June 15, 2007
    I-129 Petition for A Nonimmigrant Worker Blanket L May 15, 2007
    I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability May 15, 2007
    I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers May 15, 2007
    I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process May 15, 2007
    I-129 Petition for A Nonimmigrant Worker R - Religious occupation May 15, 2007
    I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional May 15, 2007
    I-129F Petition for Alien Fiance(e) K-1/K-2 - Not yet married - fiance and/or dependent child January 13, 2007
    I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 December 31, 2006
    I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 January 17, 2003
    I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 April 30, 2001
    I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister April 30, 2001
    I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 January 01, 2005
    I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 February 07, 2005
    I-131 Application for Travel Document All other applicants for advance parole April 09, 2007
    I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal January 13, 2007
    I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants September 28, 2005
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications January 13, 2007
    I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States January 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors April 14, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other extension applications April 14, 2007
    I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution December 03, 2006
    I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents January 13, 2007
    I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] April 28, 2007
    I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] June 16, 2007
    I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] April 28, 2007
    I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] April 28, 2007
    I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] April 28, 2007
    I-765 Application for Employment Authorization All other applications for employment authorization April 28, 2007
    I-817 Application for Family Unity Benefits Voluntary departure under the family unity program January 13, 2007
    I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition January 13, 2007
    I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) January 13, 2007
    I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 10, 1997





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  • bkarnik
    04-10 08:29 PM
    Bee:

    Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.

    Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.

    I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.





    amsaleem
    08-05 09:30 PM
    My case
    PD:April, 29, 2004
    RD:July. 03, 2007
    I140 Approval: Oct 10, 2007
    ND: Sept 2007.
    Status: Pending
    Service Center: NSC





    lostinbeta
    02-02 11:48 PM
    I voted ;)


    It was a tough choice between Soul and Eilsoe, but I chose my choice and voted.



    all were excellent entires though.



    Bravo.. Bravo







    :evil: