greenlight
08-17 01:45 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
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solaris27
07-12 08:33 AM
http://www.immigration-law.com/
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:
I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:
I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.
kpchal2
07-18 09:52 AM
hi all, in the same boat too. mine was filed on july 2nd and there is a fedex confirmation about it. i did not hear from any one i know about these rejections or returns until i saw gregs blog. can any one shed a light if they know some one who got a reject. also can you please let me know if there is any way we can find out from uscis or from any one relevant about our application. it is too much of a hassle already and dont want to add more delays to this already cumbersome and sleepless process
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pointlesswait
11-17 03:49 PM
why cant they spell out the damn rule.. instead of leaving it out for speculations...
insane!
insane!
more...
sujith1
11-22 01:39 PM
I see a lot of posts here which talks about no salary increase and no change in position. I assume this is due to the employer and not due to the immigration process started.
If the employer is willing there is nothing that stops the employer from giving you salary increases or changing your position while you wait to get your GC.
This is what I thought but the posts here sometimes lead me to believe that if you get a salary increase while waiting for your GC your process will be hampered.
If the employer is willing there is nothing that stops the employer from giving you salary increases or changing your position while you wait to get your GC.
This is what I thought but the posts here sometimes lead me to believe that if you get a salary increase while waiting for your GC your process will be hampered.
addsf345
12-11 07:42 PM
If US does not benefit from giving the visas, are they doing it as a part of social service?
Kavita,
There are some ppl who will never wakeup, always think themselves as baggers. They do not know what they can achieve if they are united and if they have some willpower & brain. East-Indian-americans are not even 0.5% of the total US population and are among some of the highly successful ethnic groups.
Banks got bailout as they made noise, so are the auto companies. We have many fools who are still in denials even after such a big injustice (unfair country quota for EB category), they just hide behind their false explanations & stupid theory and never even think that asking for or fighting against injustice. This is called escapism.
Kavita,
There are some ppl who will never wakeup, always think themselves as baggers. They do not know what they can achieve if they are united and if they have some willpower & brain. East-Indian-americans are not even 0.5% of the total US population and are among some of the highly successful ethnic groups.
Banks got bailout as they made noise, so are the auto companies. We have many fools who are still in denials even after such a big injustice (unfair country quota for EB category), they just hide behind their false explanations & stupid theory and never even think that asking for or fighting against injustice. This is called escapism.
more...
singhsa3
02-21 02:53 PM
Just one quick thing though:
Till date USCIS has supposedly received request for 2802 EB2 India visa (India Quota). So it could be assumed that at least 2802 cases are pending before 04/2004 (October and Nov 2007 Visa bulletin).
Assuming you are right then,
average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
Now assuming this year the demand would be close to average then. It leaves 14K for EB2
Implying 12/2003 dates movement is very likely as 14k>5k (your number)
Till date USCIS has supposedly received request for 2802 EB2 India visa (India Quota). So it could be assumed that at least 2802 cases are pending before 04/2004 (October and Nov 2007 Visa bulletin).
Assuming you are right then,
average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
Now assuming this year the demand would be close to average then. It leaves 14K for EB2
Implying 12/2003 dates movement is very likely as 14k>5k (your number)
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ajthakur
07-14 06:09 PM
I know I acted irresponsibly. Under the circumstances I had to. The person employing me was trying to use me for (something) for which my conscience didnt allow. So the decision to quit was best. I can't write all the circumstances here. I knew I could get into problems with immigration department for my irrational yet moral decision to quit company before 180 days. I think this problem with USCIS is far more acceptable than doing something for your employer that your heart doesnt allow you to.
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
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singhsa3
03-04 12:41 PM
Already, spoken to couple of them. Anyways, the point is not that I get the mortgage, the point is that we get our GC or Admin fixes done.
shop around...talk to different lenders....there are many of them that understand that the ead is renewable. its up to u as a consumer how to make ur case.
shop around...talk to different lenders....there are many of them that understand that the ead is renewable. its up to u as a consumer how to make ur case.
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GC_Waiter_2000
07-12 06:08 PM
Current again after 2 Years.
Is it necessary to act (like opening SR, Info-pass, meeting Senators, Congressman etc..) so that I can get a seat in the Bus at least this time? Not to mention there is no proper queue this system (FIFO) here.
Thanks
Is it necessary to act (like opening SR, Info-pass, meeting Senators, Congressman etc..) so that I can get a seat in the Bus at least this time? Not to mention there is no proper queue this system (FIFO) here.
Thanks
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anilsal
09-11 04:23 PM
Have you folks seen this movie?
Waldenpond,logiclife,pappu,sertasheep,paskal,amitp s,janilsal,jaime,
vandanaverdia,texanmom,chandu,needhelp,seahawks and the entire IV community Go To Washington.
Waldenpond,logiclife,pappu,sertasheep,paskal,amitp s,janilsal,jaime,
vandanaverdia,texanmom,chandu,needhelp,seahawks and the entire IV community Go To Washington.
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akhilmahajan
09-26 10:45 AM
There is a non-profit organization (like Business & Media Institute (http://www.businessandmedia.org/about/about.aspx)) that reports on wrong media reports. They have lot of reports on Lou Dobbs.
The details were posted in one of the many Lou Dobbs Threads. I can not find it.
If anyone can find it please post details of the organization and send email to this organization also.
Misrepresentation of facts regarding the recent rally in Washington DC. The rally was about increasing the number of Green Cards, and not H1-Bs. This reporter - Eileen Zimmermann has clearly gotten the two distinct issues mixed up.
The intent of the rally was to garner support and highlight the inefficiencies in the immigrant visa(also known as green card) process. This is different from the H-1B issue.. H-1B is a highly-skilled temporary work visa.
I ask that CNN must immediately issue a correction to this article to reflect the correct information.
Please call with any questions,
{Name}
{Phone Number}
The details were posted in one of the many Lou Dobbs Threads. I can not find it.
If anyone can find it please post details of the organization and send email to this organization also.
Misrepresentation of facts regarding the recent rally in Washington DC. The rally was about increasing the number of Green Cards, and not H1-Bs. This reporter - Eileen Zimmermann has clearly gotten the two distinct issues mixed up.
The intent of the rally was to garner support and highlight the inefficiencies in the immigrant visa(also known as green card) process. This is different from the H-1B issue.. H-1B is a highly-skilled temporary work visa.
I ask that CNN must immediately issue a correction to this article to reflect the correct information.
Please call with any questions,
{Name}
{Phone Number}
more...
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arbhaat
04-06 09:12 PM
good post ek_bechara!
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!
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pitha
02-21 04:05 PM
I agree with you but I am not frustrated but pointing out the realities. See what happenned to labor substitution. People misused it and the end result is there in no labor substitution any more. The way people are misusing eb2 it is just a matter of time when it would be almost impossible to get eb2 even for genuine job requirement. USCIS and DOL know what happenning with EB2 and they will crack down.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
more...
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senthil1
04-04 11:43 AM
It is true. But either Corporate America or Lawyers does not want to address the issues raised by Unions or anti immigrants. They want free ride and does not care about working class. No bold leadership in congress to address both sides issues. Congress members are siding with any one of two groups. Everyone knows that compromise will easily pass. But compromise will not give free ride to any group. Basically moderate H1b and GC increase with protection to US workers without wage pressurw will get most of the congress support. Even with illegal immigration also it is easy to pass if they give citizenship to existing people and allow more workers with complete protection to US workers without wage pressure will get most of congress support.
I think it is true coporate america will not allow it to go through, but it is also true that any bill faverable to the H1B and or GC will also have the same death
as this one , do not underestimate the anti - immigration and unions clout
on democrats, if corporate america wants H1B increase it will come at a price,
more no free rides for corporate america as well.
that is the reason why we see stalemate for any kind of immigration bill, neither side is able to push anything.
thanks
I think it is true coporate america will not allow it to go through, but it is also true that any bill faverable to the H1B and or GC will also have the same death
as this one , do not underestimate the anti - immigration and unions clout
on democrats, if corporate america wants H1B increase it will come at a price,
more no free rides for corporate america as well.
that is the reason why we see stalemate for any kind of immigration bill, neither side is able to push anything.
thanks
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ArkBird
02-19 05:34 PM
I wish congress spends atleast 10% of the time our fellow IVans are spending here to discuss this bill!
more...
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sanju
10-20 01:17 AM
nojoke dont get emotional. we have no bone to pick with either obama or mcccain. We are talking about who is better for eb immigrants, so either you talk about what obama can offer or has offered to eb immigrants, unfortunately you cannot because obama is anti eb immigrants, so you are spewing the democratic talking points here and changing the topic. This is not a political site please dont bring politics here and concentrate on eb policies of the candidates.
Agree 100%. And this is what Obama has to offer. He will defer EB issue to Durbin. This is a single most important issue that will effect this community in the coming year, more than anything else. EB community is totally blind-sided at this time not realizing what is happening. Most people here are not connecting the dots to see what is in store for EB community if Obama wins this election. Here is a word of caution for this community, the light at the end of the tunnel IS FOR SURE the fast approaching train, and its very close, so be prepared and do what you can to protect yourself.
Regardless of the palin heart beat away from being president, qualification, charisma, campaign message, and other politics, just find out who introduced Obama at the DNC convention. Folks, not sure how one can prepare when one is sure to be hit by a train but I have to say - be prepared because you are about to be hit by a train.
.
Agree 100%. And this is what Obama has to offer. He will defer EB issue to Durbin. This is a single most important issue that will effect this community in the coming year, more than anything else. EB community is totally blind-sided at this time not realizing what is happening. Most people here are not connecting the dots to see what is in store for EB community if Obama wins this election. Here is a word of caution for this community, the light at the end of the tunnel IS FOR SURE the fast approaching train, and its very close, so be prepared and do what you can to protect yourself.
Regardless of the palin heart beat away from being president, qualification, charisma, campaign message, and other politics, just find out who introduced Obama at the DNC convention. Folks, not sure how one can prepare when one is sure to be hit by a train but I have to say - be prepared because you are about to be hit by a train.
.
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neelu
01-02 11:35 PM
Everyone who is doing such excellent job spreading the word about IV on websites:
Please also help the Add ONE Member campaign. Introduce just ONE member to IV, by Jan 31st.
That will go a long way in helping all of us (be it CIR or SKIL or whatever vehicle our provisions ride on).
Please participate and help others participate in the 'Add ONE Member' campaign.
Thank you.
Neelu
Please also help the Add ONE Member campaign. Introduce just ONE member to IV, by Jan 31st.
That will go a long way in helping all of us (be it CIR or SKIL or whatever vehicle our provisions ride on).
Please participate and help others participate in the 'Add ONE Member' campaign.
Thank you.
Neelu
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ajay
12-08 04:57 PM
I also got a response with some number. I don't know how much of it is going to help us in knowing the situation.
nandakumar
12-27 06:07 PM
There are couple of postings in Murthy.com
Please participate so that others can view and potentially could become members of IV
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=7141062241
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=5171092241
Please participate so that others can view and potentially could become members of IV
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=7141062241
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=5171092241
jhegde
04-20 02:10 PM
Attn: California Members � Please participate in this even to support STRIVE ACT.
This is a public rally organized by Congressman Gutierrez (Sponsor of STRIVE ACT) in San Jose, CA on Saturday April 21st at 4:00 PM.
Address:
1775 Story Road.
San Jose CA 95122.
Date and Time:
Saturday April 21 4:00 PM.
---------------------------------------
If you want to gather and meet other Immigration Voice members before the meeting, then please come at 3:30 PM at
Wal-Mart Store:
777 Story Road.
San Jose CA 95122.
----------------------------------------
Purpose:
To stand in support of STRIVE act of 2007 and thereby support title 5 of high-skills legal immigration. It is very important for Immigration Voice to show up in large number so that we can project our strength and also confirm our support to the congressman and thank him for working to reform the broken system by including provisions to remove skilled-immigration backlog.
Pratik will be attending this with many other members of IV in San Jose and Bay area including a couple of other core group members. I will be driving to this event from Reno unless there is severe weather on I-80 at Donner pass. If anyone from Reno wants to carpool with me, please email me at jay@immigrationvoice.org
Please show your support for STRIVE act and our support to congressman as its very important to be vocal and active for upcoming bills in Senate (May) and House (June-July).
Questions:
If you have questions about this event, please email Pratik at pratik@immigrationvoice.org (pratik@immigrationvoice.org)
I will be coming with my other friend. We are commuting from Tracy / Stockton area. Anybody bringing the banners / hand signs to support STRIVE ACT?
This is a public rally organized by Congressman Gutierrez (Sponsor of STRIVE ACT) in San Jose, CA on Saturday April 21st at 4:00 PM.
Address:
1775 Story Road.
San Jose CA 95122.
Date and Time:
Saturday April 21 4:00 PM.
---------------------------------------
If you want to gather and meet other Immigration Voice members before the meeting, then please come at 3:30 PM at
Wal-Mart Store:
777 Story Road.
San Jose CA 95122.
----------------------------------------
Purpose:
To stand in support of STRIVE act of 2007 and thereby support title 5 of high-skills legal immigration. It is very important for Immigration Voice to show up in large number so that we can project our strength and also confirm our support to the congressman and thank him for working to reform the broken system by including provisions to remove skilled-immigration backlog.
Pratik will be attending this with many other members of IV in San Jose and Bay area including a couple of other core group members. I will be driving to this event from Reno unless there is severe weather on I-80 at Donner pass. If anyone from Reno wants to carpool with me, please email me at jay@immigrationvoice.org
Please show your support for STRIVE act and our support to congressman as its very important to be vocal and active for upcoming bills in Senate (May) and House (June-July).
Questions:
If you have questions about this event, please email Pratik at pratik@immigrationvoice.org (pratik@immigrationvoice.org)
I will be coming with my other friend. We are commuting from Tracy / Stockton area. Anybody bringing the banners / hand signs to support STRIVE ACT?
