longq
12-26 03:19 PM
Did you mean "EB2 ROW Unused visa numbers are not given to EB2 India and China... Are those number given to EB3 ROW ?"
the bold text is my addition. If that's your question, I am curious about that too.
It seems as per current DOS practice, the answer is yes. They will be issuing only 2800 EB2 visas per year to India and China. They will be issuing remaining unused visas by EB2-ROW to EB3-ROW.
the bold text is my addition. If that's your question, I am curious about that too.
It seems as per current DOS practice, the answer is yes. They will be issuing only 2800 EB2 visas per year to India and China. They will be issuing remaining unused visas by EB2-ROW to EB3-ROW.
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glus
12-28 09:48 PM
Anyone invoking AC21 with unapproved I-140?
It is risky to change employers after 180 days before I140 is approved. If it comes to issues, when USCIS realizes one changed employment before I140 was approved, USCIS needs to verify that the underlying I140 was approvable at the time the change of employment occurred. By approvable it means that at that time there was no reason to issue a major type RFE for pending I140. If, for instance, the USCIS notices that at the time one invoked AC-21 and I140 was not yet approved and the I140 petition did not include (or included incomplete) educational documentation, it will say that the I140 was NOT approvable due to material evidence missing. And, at that time AC-21 can't work and may cause huge issues. One should be very wary of this and in general attorneys advise to wait until I 140 is approved before invoking I140.
Hope it helps.
It is risky to change employers after 180 days before I140 is approved. If it comes to issues, when USCIS realizes one changed employment before I140 was approved, USCIS needs to verify that the underlying I140 was approvable at the time the change of employment occurred. By approvable it means that at that time there was no reason to issue a major type RFE for pending I140. If, for instance, the USCIS notices that at the time one invoked AC-21 and I140 was not yet approved and the I140 petition did not include (or included incomplete) educational documentation, it will say that the I140 was NOT approvable due to material evidence missing. And, at that time AC-21 can't work and may cause huge issues. One should be very wary of this and in general attorneys advise to wait until I 140 is approved before invoking I140.
Hope it helps.
LostInGCProcess
10-29 01:21 PM
If USCIS says, there is no problem to continue with our employment as long as we have applied for EAD renewal, there wouldn't be all this emotions. Every one would have normal BP. They must just come out and say that I would be ok to continue working.
It is so inhuman to treat us like this. They say "The day EAD expires, you must quit working until you receive the new EAD card".
Most of our jobs are replaceable in today's world. There is no shortage of "skilled workers". So, I for sure cannot take a long leave and wait for EAD to come by and re-join....because my job would be gone by then to some other "skilled" person. And its not easy to get another one quickly and without moving to a different place.
It is so inhuman to treat us like this. They say "The day EAD expires, you must quit working until you receive the new EAD card".
Most of our jobs are replaceable in today's world. There is no shortage of "skilled workers". So, I for sure cannot take a long leave and wait for EAD to come by and re-join....because my job would be gone by then to some other "skilled" person. And its not easy to get another one quickly and without moving to a different place.
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greensignal
11-09 10:34 PM
Still waiting for FP and no SR is filed
Hi Guys,
I just received my FP Notices today for me and my wife. It is scheduled on Nov 30th.
Hi Guys,
I just received my FP Notices today for me and my wife. It is scheduled on Nov 30th.
more...
swarnapuri
12-12 12:47 PM
http://travel.state.gov/visa/frvi/bulletin/Visa_Bulletin_For_January_2007.html
eb3retro
08-05 12:26 PM
its a really good discussion, thanks to all people who have provided valuable information. I am a Consultant throughout my career and never lead a team but now planning to change gears and move into project management. When I goolged about the requirement to take the exam, Lot of PMP training institutes came up and they are charging about $2000 for training and they say its a 5 day course, guarantee to pass bhla bhla .... My first question is it required to take these training classes? if not how to become eligible for to take the exam, Please advice.
gcmaine. here is my answer to your question. I completed my PMP in 2008. Same like other folks here, thanks to USCIS, I have never been able to use it, since I am in eb3 and cant change job family. anyways here is my thought, in my opinion, this is just my opinion , keep in mind, those trainings are not at all necessary, if you have little bit of perseverance and time. Reason I am saying this is, with 2 kids, I was able to do this PMP certification myself, without any training. I took my own sweet time, spent 6 months studying in a library (2 hours every day on weekdays) and couple of hours in the weekends. I could pass this in one shot. And if I can do it, anyone can do it. All you need is perseverance and I am sure you will get through. PM me if you have any questions on how to prepare for the exam.
gcmaine. here is my answer to your question. I completed my PMP in 2008. Same like other folks here, thanks to USCIS, I have never been able to use it, since I am in eb3 and cant change job family. anyways here is my thought, in my opinion, this is just my opinion , keep in mind, those trainings are not at all necessary, if you have little bit of perseverance and time. Reason I am saying this is, with 2 kids, I was able to do this PMP certification myself, without any training. I took my own sweet time, spent 6 months studying in a library (2 hours every day on weekdays) and couple of hours in the weekends. I could pass this in one shot. And if I can do it, anyone can do it. All you need is perseverance and I am sure you will get through. PM me if you have any questions on how to prepare for the exam.
more...
navyug
02-12 05:31 PM
Hi
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
Keep all email correspondences....You can infact make him pay dearly for harasement...
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
Keep all email correspondences....You can infact make him pay dearly for harasement...
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gcwaiter
04-01 09:41 PM
Guys,
Thats it !! We dont want to suffer more. Fllow the forum advise & let people know how we are suffering.
Help them to achive 1000 faxes & more target !!
thanks
May god bless all of us !!
Thats it !! We dont want to suffer more. Fllow the forum advise & let people know how we are suffering.
Help them to achive 1000 faxes & more target !!
thanks
May god bless all of us !!
more...
singhsa3
01-03 06:58 PM
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
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logiclife
12-12 12:58 PM
im waiting for the groans and moans
You wont be disappointed.
You wont be disappointed.
more...
LegallyGC
08-09 10:46 AM
Guys,
There was a question and answer section on this site and i found this which might help us..
---------------------------------
12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?
Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.
------------------------
Hope this helps.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
There was a question and answer section on this site and i found this which might help us..
---------------------------------
12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?
Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.
------------------------
Hope this helps.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
hot Mortal Kombat 9 Scorpion
bomber
08-08 06:46 PM
Does that mean 180 after the I140 is approved or 180 after the RN of the I485 as long as the I140 is approved? (Even if it has been approved for only 2 months)
You are right...
180 after the RN of the I485 as long as the I140 is approved Even if it has been approved for only 2 months or days!
You are right...
180 after the RN of the I485 as long as the I140 is approved Even if it has been approved for only 2 months or days!
more...
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willwin
06-13 12:46 PM
how many PhDs work for Microsoft who is started by college dropout?
Nice punch!
Nice punch!
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minimalist
10-22 04:40 PM
All the people who crib about red dots: There is nothing IV can do about it.
This is a feature of the forum software.If some one uses foul language in forum posts then admins can warn them or block them. It is not possible if they do it in comments.
Actuallly, I suggest IV kickout anyone who cribs about red dots or that someone is using foul language in PMs/comments.
Keep the eye on the ball guys. If you see all the bullshit the IV admins bare with some other guy showing up every few weeks asking questions as if IV Core is getting rich off of the contributions. And some other guy shows up with a great plan (no sarcasm intended) asking CORE to make his thread sticky instead of keeping the thread on top by bumping it every few hours or so.Then when the core doesn't respond to their idea/request to make the thread sticky start abusing them. They take all that in stride and still continue to pour their hearts into something they believe in.
Now here are people so worried that they got a red dot and need the grievance be addressed. If not they will be afraid to post. If all it takes some one to stop you from posting your ideas is to give a red dot, how can any progress be made?
Think about it people.
This is a feature of the forum software.If some one uses foul language in forum posts then admins can warn them or block them. It is not possible if they do it in comments.
Actuallly, I suggest IV kickout anyone who cribs about red dots or that someone is using foul language in PMs/comments.
Keep the eye on the ball guys. If you see all the bullshit the IV admins bare with some other guy showing up every few weeks asking questions as if IV Core is getting rich off of the contributions. And some other guy shows up with a great plan (no sarcasm intended) asking CORE to make his thread sticky instead of keeping the thread on top by bumping it every few hours or so.Then when the core doesn't respond to their idea/request to make the thread sticky start abusing them. They take all that in stride and still continue to pour their hearts into something they believe in.
Now here are people so worried that they got a red dot and need the grievance be addressed. If not they will be afraid to post. If all it takes some one to stop you from posting your ideas is to give a red dot, how can any progress be made?
Think about it people.
more...
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gveerab
12-29 05:39 PM
You cannot change employer and keep I-140 if you have not filed I-485 yet. You will have to start the GC process anew if you change the jobs now. So wait untill you apply for I-485. Wait 180 more days after that and you are free to change jobs if your new job is same or similar to your current job.
As you started your GC just now, it's OK to switch the employer and start the GC process once again. If your new employer is ready to start GC process and ready to offer good package, go ahead and take. Don't even think about any other things. If you have to pay for your GC, you need to work on the pros,cons and expenses.
As the dates retrogressed so badly, there will not be any difference if your PD changes by couple of months.
As you started your GC just now, it's OK to switch the employer and start the GC process once again. If your new employer is ready to start GC process and ready to offer good package, go ahead and take. Don't even think about any other things. If you have to pay for your GC, you need to work on the pros,cons and expenses.
As the dates retrogressed so badly, there will not be any difference if your PD changes by couple of months.
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sujan_vatrapu
11-03 11:30 AM
To all those republican homies on this thread....
a) Republican base is not you and me, in case you haven't noticed they either cater to big biz or to a specific "kind" of Americans.
but that specific kind is now the majority, the senate seats they lost are because of the extreme views of the candidates
b) Tea Party is basically opposed to many things including free trade and immigration. Like any other politician they might change when they have power, if they don't then hope things don't get worse.
i agree with you but lets hope they change
c) Nikki Haley and Bobby Jindal don't represent us, they are American for all practical purposes. If anything they have distanced themselves from any indian heritage in their campaigns. Nothing to expect here.
so are thousands of desis who got GCs recently, most of desis who get GC immediately become anti-immigrant, not sure why but they start protesting h1b programs, oppose visa recapture and so on, not everyone but my personal experience is really bad,
d) Who is grassley who keeps making things tougher for us ? Not a democrat on last check.
but dick durbin is
[QUOTE]
e) In this era of high unemployment, of around 17% why would any party touch anything remotely connected to a despicable term called "H1B" ? Suicidal ?
Obama had a brilliant opportunity the first 2 years to do something, but he spent all his political capital on health care and financial reform. An opportunity lost.
The republican party of now is not the party during 80's or otherwise, they are a bunch of people who believe evolution is a myth with Sarah Palin as their leader, add the tea party element and they are about as right as you can get.
Forget about any bills, just hope there is no federal government lockout and USCIS stops working for a month.
a) Republican base is not you and me, in case you haven't noticed they either cater to big biz or to a specific "kind" of Americans.
but that specific kind is now the majority, the senate seats they lost are because of the extreme views of the candidates
b) Tea Party is basically opposed to many things including free trade and immigration. Like any other politician they might change when they have power, if they don't then hope things don't get worse.
i agree with you but lets hope they change
c) Nikki Haley and Bobby Jindal don't represent us, they are American for all practical purposes. If anything they have distanced themselves from any indian heritage in their campaigns. Nothing to expect here.
so are thousands of desis who got GCs recently, most of desis who get GC immediately become anti-immigrant, not sure why but they start protesting h1b programs, oppose visa recapture and so on, not everyone but my personal experience is really bad,
d) Who is grassley who keeps making things tougher for us ? Not a democrat on last check.
but dick durbin is
[QUOTE]
e) In this era of high unemployment, of around 17% why would any party touch anything remotely connected to a despicable term called "H1B" ? Suicidal ?
Obama had a brilliant opportunity the first 2 years to do something, but he spent all his political capital on health care and financial reform. An opportunity lost.
The republican party of now is not the party during 80's or otherwise, they are a bunch of people who believe evolution is a myth with Sarah Palin as their leader, add the tea party element and they are about as right as you can get.
Forget about any bills, just hope there is no federal government lockout and USCIS stops working for a month.
more...
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Macaca
09-19 03:54 PM
From Congress quietly returns to immigration (http://immigrationvoice.org/forum/showpost.php?p=167577&postcount=1090) A broad overhaul failed this summer, but an array of smaller measures is under discussion, including ways to legalize certain workers By Nicole Gaouette (nicole.gaouette@latimes.com) | Los Angeles Times Staff Writer,
September 17, 2007
Republicans also are considering a bill that would overhaul visas for high-skilled foreigners.
Senate Republicans are also discussing ways to increase the number of visas for high-skilled workers, now capped at 65,000 a year.
September 17, 2007
Republicans also are considering a bill that would overhaul visas for high-skilled foreigners.
Senate Republicans are also discussing ways to increase the number of visas for high-skilled workers, now capped at 65,000 a year.
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onemorecame
10-19 04:13 PM
my travel date is on nov 21st and my RD for ap renewal is aug 6th. here are the things I have done so far.
1) called NSC and expedited mine and my spouse AP.
2) sent a fax copy of the expedite request letter to NEbraska service center requesting an expedite.
3) have sent all the documents to the local congressman and they are sending a letter by fax to NSC requesting to expedite.
4) Have an infopass appt for oct 28th.
5) sent another copy of the ap renewal receipt, along with 2 phographs, 485 and i140 receipt copy along with a letter requesting expedite with an email from travel agent citing financial loss if i cancel tickets.
6) also, my father in law had to undergo a bypass surgery (emergency) this week and we have received a letter from the doctor regarding the same and will be using it during the infopass if I do not see an approval (atleast online) before our infopass appointment.
what isa fax number to expedite the process for NSC, it will great if you can share the format of expedite letter.
1) called NSC and expedited mine and my spouse AP.
2) sent a fax copy of the expedite request letter to NEbraska service center requesting an expedite.
3) have sent all the documents to the local congressman and they are sending a letter by fax to NSC requesting to expedite.
4) Have an infopass appt for oct 28th.
5) sent another copy of the ap renewal receipt, along with 2 phographs, 485 and i140 receipt copy along with a letter requesting expedite with an email from travel agent citing financial loss if i cancel tickets.
6) also, my father in law had to undergo a bypass surgery (emergency) this week and we have received a letter from the doctor regarding the same and will be using it during the infopass if I do not see an approval (atleast online) before our infopass appointment.
what isa fax number to expedite the process for NSC, it will great if you can share the format of expedite letter.
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rajuram
01-05 10:11 PM
In several responses people have compared MBA and PMP, I don't these two are comparable. Any thoughts?
rvr_jcop
02-13 01:28 PM
got LUD on 1/29, 1/30 RFE send, 2/10 RFE evidence received, 2/11
All three of our cases looks like mailed around the same period i.e. June 2007. Looks like they looking at our files and probably pre-adjudicating. Mine went to Nebraska. What about yours?
All three of our cases looks like mailed around the same period i.e. June 2007. Looks like they looking at our files and probably pre-adjudicating. Mine went to Nebraska. What about yours?
ddeka
11-06 12:09 PM
I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...
EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days
EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days
