dingudi
12-28 11:51 AM
This is my first post so forgive if I am not in the right place,
But I have situation where in I need your inputs to decide.
I am working at a clients place and they willing offer me a full time position.
My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
Please Advice!
I would suggest to wait for I-140 to be approved. Once I-140 is approved , PD belongs to you. You can then move to another employer and then restart GC and port the PD with the new employer when they file for I-140. There is a grey area where I am not sure if old employer withdraws I-140 , if you will still be able to port the PD. Some say you cannot port previous PD if previous I-140 is withdrawn due fraud or misrepresentation. Some say if its withdrawn then thats sufficient to lose the old PD no matter what the reason of withdrawl is.
But I have situation where in I need your inputs to decide.
I am working at a clients place and they willing offer me a full time position.
My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
Please Advice!
I would suggest to wait for I-140 to be approved. Once I-140 is approved , PD belongs to you. You can then move to another employer and then restart GC and port the PD with the new employer when they file for I-140. There is a grey area where I am not sure if old employer withdraws I-140 , if you will still be able to port the PD. Some say you cannot port previous PD if previous I-140 is withdrawn due fraud or misrepresentation. Some say if its withdrawn then thats sufficient to lose the old PD no matter what the reason of withdrawl is.
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vishwak
11-12 09:13 AM
Pederson Immigration Law Group, P.C. - December 2010 Visa Bulletin Sneak Preview! (http://www.usvisainfo.com/content/view/192/31/)
What does this mean???
What does this mean???
tonyHK12
11-11 05:13 PM
Agree with you Tony - there are so many members of this forum - I find it hard to believe that everyone's budget is so tight, that they cannot afford to divert $25 per-month to a cause that is going to help them directly.
I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.
Yes but empirical evidence points to the contrary - About 100 something donors out of 45000
Some persons have trust issues with sending money to IV.
Guys Immigration voice is a non-profit, and as core group mentioned in their video, people can be arrested for misusing funds. The annual reports for previous years are available.
Immigration Voice funds disclosure on Yahoo! Video (http://video.yahoo.com/watch/234998/1863489)
In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.
Yes people need to learn that we are small in number and need everyone to support each others cause. Even 5 bucks a month from everyone is enough to achieve the dream - average lunch money. Sometimes I'm surprised we're dealing with high skilled immigrants here.
While almost everyone has been in a situation of spending hundreds of dollars in immigration fees. I paid $1000 6 months back for premium processing.
Some people have experienced old corruption in Indian politics and think things are the same here. I assure you its not.
So whats the next excuse going to be now? laziness or boredom?
I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.
Yes but empirical evidence points to the contrary - About 100 something donors out of 45000
Some persons have trust issues with sending money to IV.
Guys Immigration voice is a non-profit, and as core group mentioned in their video, people can be arrested for misusing funds. The annual reports for previous years are available.
Immigration Voice funds disclosure on Yahoo! Video (http://video.yahoo.com/watch/234998/1863489)
In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.
Yes people need to learn that we are small in number and need everyone to support each others cause. Even 5 bucks a month from everyone is enough to achieve the dream - average lunch money. Sometimes I'm surprised we're dealing with high skilled immigrants here.
While almost everyone has been in a situation of spending hundreds of dollars in immigration fees. I paid $1000 6 months back for premium processing.
Some people have experienced old corruption in Indian politics and think things are the same here. I assure you its not.
So whats the next excuse going to be now? laziness or boredom?
2011 he Mansion at MGM Grand
ngodisha
07-04 08:37 PM
$550 excluding the attorney fee as the company was paying for it.
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Pandi
05-30 10:54 PM
Voted - Aye - latest count - 338 :)
texcan
09-10 02:28 PM
Requirements to change employer when GC is pending:
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
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smsthss
06-12 11:10 AM
Is there a link online for that???
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burnt
05-31 10:35 AM
Done - For me and my spouse
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rk2004
07-17 10:33 AM
Hi,
You need to either change your browser settings or delete your cache and restart the browser to be able to see the updates.
Cheers
You need to either change your browser settings or delete your cache and restart the browser to be able to see the updates.
Cheers
hair South Bay Real Estate
Edison99
08-23 11:50 AM
Thanks for the great suggestions!
When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
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perm
07-02 03:43 PM
Lawyers Fee : 2000
Birth Certificate, printing etc: 200
Fedex : 50
Medical : 700
Photographs : 60
Approxi : - $3000
Birth Certificate, printing etc: 200
Fedex : 50
Medical : 700
Photographs : 60
Approxi : - $3000
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knacath
07-24 03:34 PM
E-filed on May 5th, FP on June 6th, no updates since. Concerned as I'm working on EAD and current one expires August 29th.
Paper filed AP in late June, approved already (as per e-mail) even though I only needed it in mid October!!
Just like the the old Stones song... "You can't always get what you want"
Paper filed AP in late June, approved already (as per e-mail) even though I only needed it in mid October!!
Just like the the old Stones song... "You can't always get what you want"
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house Mansion Dar Maghza is a
willwin
06-01 12:40 PM
done.
tattoo Pool Mansion
senocular
02-05 02:13 PM
wow Im surprised 42 votes managed to get up there. How many total votes do you usually get for these kinds of things? all those crazy mystery people out there... wheeeeee
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pictures Pool
BharatPremi
11-06 01:21 PM
This "AP already approved" so no interimAP(even for emergency) audiotape started since Middle of OCT from NSC IO and local IO's. My AP got LUD on Oct 11th and they said that your AP approved so dont bug us for a duplicate. Wait ... Wait .. Wait ... But how long ??
What do i do now ? I cant travel without this piece of sheet ( i mean paper)
According to my lawyer one should contact USCIS in case of non receipt of AP (Physical Papers) within a month from first LUD. During that call one should ask USCIS whether USCIS get AP papers back or not ( For whatever reason address change and/or wrong address etc.. not delivered to you). If USCIS receive those papers back then it will resend it upon verifying correct address with you and that is without any extra cost. To make this happen certainly you will have to either make frequent calls to USCIS or take frequent infopass appointments.Down the road if USCIS does not get AP papers back and you simultaneously do not get them, meaning if paper lost during transit, then you do have 2 choice..(1) forget about receipt of AP approval papers this time (2) Refile AP with new fee as USCIS did not get mail (papers) back.
What do i do now ? I cant travel without this piece of sheet ( i mean paper)
According to my lawyer one should contact USCIS in case of non receipt of AP (Physical Papers) within a month from first LUD. During that call one should ask USCIS whether USCIS get AP papers back or not ( For whatever reason address change and/or wrong address etc.. not delivered to you). If USCIS receive those papers back then it will resend it upon verifying correct address with you and that is without any extra cost. To make this happen certainly you will have to either make frequent calls to USCIS or take frequent infopass appointments.Down the road if USCIS does not get AP papers back and you simultaneously do not get them, meaning if paper lost during transit, then you do have 2 choice..(1) forget about receipt of AP approval papers this time (2) Refile AP with new fee as USCIS did not get mail (papers) back.
dresses POOL
ken
09-30 12:04 PM
Thanks Ebizash. Yes I too have soft lud's on my wife AP on 9/25 and 9/28. I sent it to NSC. Yes the same barcode scanning reason was told to me by USPS. I hope that USCIS recieved the documents.
Thanks again for putting some light on this
Thanks again for putting some light on this
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makeup show mansions with pools,
sunny1000
02-27 07:22 PM
Yes it is just like someone asking labor sub to be allowed again in admin fixes so that they can get a sustitute labor and cut in line.
I don't think it is the CP filers' fault. They are not cutting in line. It is the USCIS who is sitting on their ass on these 485s while the state dept processes the CP files at the normal pace. It should have been the state dept who should have processed the I-485 and CP (just like how they used to do the H/L visa revalidation inside U.S 4 years ago) and we would not have this issue or the visa bulletin fiasco.
It is a gamble to go with CP just like any other application in this GC mess. I know of guys who got their green card in 18 months while I spent 5.5 years in labor dept alone. But, that does not warrant chastising of the CP filers or anybody else for the Government's ineffiency (except in the case of labor sub).
But, I agree that the requests by the original poster should not be a part of IV's letter campaign.
I don't think it is the CP filers' fault. They are not cutting in line. It is the USCIS who is sitting on their ass on these 485s while the state dept processes the CP files at the normal pace. It should have been the state dept who should have processed the I-485 and CP (just like how they used to do the H/L visa revalidation inside U.S 4 years ago) and we would not have this issue or the visa bulletin fiasco.
It is a gamble to go with CP just like any other application in this GC mess. I know of guys who got their green card in 18 months while I spent 5.5 years in labor dept alone. But, that does not warrant chastising of the CP filers or anybody else for the Government's ineffiency (except in the case of labor sub).
But, I agree that the requests by the original poster should not be a part of IV's letter campaign.
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Carlau
06-19 04:16 PM
sats123, I could help you on that (to guess the job description they used to file) - just try to find your position in here: http://www.flcdatacenter.com/OesWizardStart.aspx
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number30
04-16 02:31 PM
Hi aroranuj,
US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.
From what my attorney told me,
1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.
2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.
3)Not sure of Diploma
You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.
What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.
They do not accept Indian 3 yr bachelors & 2/3years of Masters + 5 years for EB2. This has been discussed lot of times. They expect single 4 year degree.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.
From what my attorney told me,
1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.
2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.
3)Not sure of Diploma
You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.
What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.
They do not accept Indian 3 yr bachelors & 2/3years of Masters + 5 years for EB2. This has been discussed lot of times. They expect single 4 year degree.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
psaxena
11-02 03:00 PM
MY GC NOW AND NOW NOW NOW.. uuuuAAAAnnnn uuuuuuuuaaannnnnnnnnnnn
I want my GC now... booohhhoooooooooooooooooooo
Okie thats it, my prediction thingy done.. back to work with desi tharra.
I want my GC now... booohhhoooooooooooooooooooo
Okie thats it, my prediction thingy done.. back to work with desi tharra.
sayantan76
04-13 06:54 PM
Well, you are missing the most important point - Illegal immigrant's probably don't care about the future of the country's educational direction. Family based immigrants don't care either. However WE are EB immigrants and we value education and that is exactly what we demonstrate by doing this. We should not be looking to fund hundreds of thousands of student's college education - heck even the mighty US government cannot do that. We are not a political organization. The way this will go out in the media is - these guys could have used the money to lobby with senators or other congressmen, instead, they choose to use it for a good cause. This is highly symbolic. And the key here is to involve the first lady. The moment you involve the first lady, it become apolitical.
Oh, and btw, we are not buying our way into a GC. Nowhere did I mention that. We, EB immigrants value education and hence want to donate for an educational charity/cause. We don't expect a GC by doing this - this is highly symbolic; however if the Obama administration takes up CIR this year and we start this campaign and this happens to go to the first lady and gain media attention at the right time, perhaps the administration would include legal immigration in the CIR which would have otherwise not been included.
Timing is critical to this. If we gain media attention a few weeks before CIR comes up for debate, we might have Legal, EB Immigration included into it. And CIR this year is our only chance and hope and if EB immigration is not considered parts of CIR, then we might as well kiss our GCs good bye.
Hey - I am just pointing out how it can be played in the media to make the eb community look really bad. Do we seriously think the media and common man will believe that we are suddenly doing this out of the goodness of our hearts and a genuine concern for educational system in us - most people will see it as a well timed publicity stunt to influence decision making in our favor.
Oh, and btw, we are not buying our way into a GC. Nowhere did I mention that. We, EB immigrants value education and hence want to donate for an educational charity/cause. We don't expect a GC by doing this - this is highly symbolic; however if the Obama administration takes up CIR this year and we start this campaign and this happens to go to the first lady and gain media attention at the right time, perhaps the administration would include legal immigration in the CIR which would have otherwise not been included.
Timing is critical to this. If we gain media attention a few weeks before CIR comes up for debate, we might have Legal, EB Immigration included into it. And CIR this year is our only chance and hope and if EB immigration is not considered parts of CIR, then we might as well kiss our GCs good bye.
Hey - I am just pointing out how it can be played in the media to make the eb community look really bad. Do we seriously think the media and common man will believe that we are suddenly doing this out of the goodness of our hearts and a genuine concern for educational system in us - most people will see it as a well timed publicity stunt to influence decision making in our favor.
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