rp1975
07-16 02:45 PM
This is a question for the attorny.
Dear Sir/Madam,
Firstly I would like to thank you for providing answer to our questions on this forum.
My current status:
PD March 2004
EB3 India
Approved 140
485 Pending (Applied July 2007)
Question:
1. Can I switch my EB category from EB3 to EB2, and maintain my original PD? If yes, what are the steps required if,
a. I continue to work for the same employer that filed my labor certification, assuming my collective experience qualifies for EB2
b. I invoke AC21 and take a new job which satisfies AC21 requirements, assuming the new job has the same duties but is a senior level position which also qualifies for EB2
Regards,
rp1975
Dear Sir/Madam,
Firstly I would like to thank you for providing answer to our questions on this forum.
My current status:
PD March 2004
EB3 India
Approved 140
485 Pending (Applied July 2007)
Question:
1. Can I switch my EB category from EB3 to EB2, and maintain my original PD? If yes, what are the steps required if,
a. I continue to work for the same employer that filed my labor certification, assuming my collective experience qualifies for EB2
b. I invoke AC21 and take a new job which satisfies AC21 requirements, assuming the new job has the same duties but is a senior level position which also qualifies for EB2
Regards,
rp1975
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bfadlia
02-16 10:59 AM
Guys, let's straigthen one thing out. I have heard here things like "flooded the market" or "why 90% of company are people of certain nationality". Well.. It's a very natural process, and it happened, happens, and will happen, and it's normal. Look at this scenario. Not to touch any nation, I would use Krakozhia as example.
Suppose you are from Krakozhia, you are pursuing American Dream, you found clients, you secured some funds and you are ready to open up a business and do something. Now you need people, you have two places to look up: American or foreign. Looking employee in the US is extremely expensive and risky business. 4 out 5 candidates will have no clue what's written in their resumes, will not want to work for you, will chill 2-3 months until you fire them, will be doing only one thing - sending resumes for a new job with better salary. Trying to hire Americans without good HR will lead your business to the dead end.
So you will look into foreign market. Where? Are you gonna go to China/Russia/India? Where you don't speak their language? Don't know local specifics? Of course you will go to your "Krakozhia", where you know people, where you know universities, and what kinda people graduate from where. So you will build a team and bring here - start working. Here is another fact - about 80% of jobs in the US people get through references. Yes, companies prefer to hire friends of employees, because they don't have to spend resources filtering people from the street. "Are you sure he is a right guy for the job?" - that's it, the guy gets hired. So, your first team will bring their friends/relatives - all "Krakozhians". And from the business point of view - it's the best way. It's not racism, not discrimination, not invasion - just business. You are just doing what is best for your business... business doesn't have races or ethnics groups. And btw, CEO is REQUIRED BY LAW to maximize profits. If hiring foreigner will be more profitable, then you are required in front of your shareholders to do so.
Only when the company will grow large, have good HR - then the company can afford hiring everybody from everywhere. And US government knows and accepts that, and it's happened in the US history many times. 100/200 years ago there were Irish, German shops. 80 years ago there were Italian shops. Nothing horrible happened, they all eventually melted. I don't see anything wrong that there are Indian or Jewish, or Russian shops. They will eventually melt in and become regular American companies.
dear Bestia, I don't recall anyone calling the situation you described racism. I for one said it's human nature's favorism and, like it or not, it does jeopordize diversity, so you will have a hard time convincing US to let go something it wants for the sake of something else just because it's better for you.
Please note that I did not start this discussion and I hate it as much as you, but the ones who started it did so by repeatedly saying that the disproportionate indian chinese lines here are mainly because they are 1- better and brighter than the rest of us 2- more marketable than us 3- more educated than us 4- all of the above
can't you see the blatant racism in these explanations and my right as an ROW to be offended by them? I never intended to run down the indians and chinese when i say that no these are not the reasons, we all have equal skills and that the real reasons are the higher population of india and china and the skewed methods of bodyshops..
i'll stop responding to the other idiot who has nothing but insults and conspiracy theories instead of real arguments, someone doesn't realize that 90% of IV members did not attend the rally, yes throw that in their faces and ask them to leave whenever you run out of idiotic arguments. really pathetic!
Suppose you are from Krakozhia, you are pursuing American Dream, you found clients, you secured some funds and you are ready to open up a business and do something. Now you need people, you have two places to look up: American or foreign. Looking employee in the US is extremely expensive and risky business. 4 out 5 candidates will have no clue what's written in their resumes, will not want to work for you, will chill 2-3 months until you fire them, will be doing only one thing - sending resumes for a new job with better salary. Trying to hire Americans without good HR will lead your business to the dead end.
So you will look into foreign market. Where? Are you gonna go to China/Russia/India? Where you don't speak their language? Don't know local specifics? Of course you will go to your "Krakozhia", where you know people, where you know universities, and what kinda people graduate from where. So you will build a team and bring here - start working. Here is another fact - about 80% of jobs in the US people get through references. Yes, companies prefer to hire friends of employees, because they don't have to spend resources filtering people from the street. "Are you sure he is a right guy for the job?" - that's it, the guy gets hired. So, your first team will bring their friends/relatives - all "Krakozhians". And from the business point of view - it's the best way. It's not racism, not discrimination, not invasion - just business. You are just doing what is best for your business... business doesn't have races or ethnics groups. And btw, CEO is REQUIRED BY LAW to maximize profits. If hiring foreigner will be more profitable, then you are required in front of your shareholders to do so.
Only when the company will grow large, have good HR - then the company can afford hiring everybody from everywhere. And US government knows and accepts that, and it's happened in the US history many times. 100/200 years ago there were Irish, German shops. 80 years ago there were Italian shops. Nothing horrible happened, they all eventually melted. I don't see anything wrong that there are Indian or Jewish, or Russian shops. They will eventually melt in and become regular American companies.
dear Bestia, I don't recall anyone calling the situation you described racism. I for one said it's human nature's favorism and, like it or not, it does jeopordize diversity, so you will have a hard time convincing US to let go something it wants for the sake of something else just because it's better for you.
Please note that I did not start this discussion and I hate it as much as you, but the ones who started it did so by repeatedly saying that the disproportionate indian chinese lines here are mainly because they are 1- better and brighter than the rest of us 2- more marketable than us 3- more educated than us 4- all of the above
can't you see the blatant racism in these explanations and my right as an ROW to be offended by them? I never intended to run down the indians and chinese when i say that no these are not the reasons, we all have equal skills and that the real reasons are the higher population of india and china and the skewed methods of bodyshops..
i'll stop responding to the other idiot who has nothing but insults and conspiracy theories instead of real arguments, someone doesn't realize that 90% of IV members did not attend the rally, yes throw that in their faces and ask them to leave whenever you run out of idiotic arguments. really pathetic!
jonty_11
10-04 10:54 AM
I have Applied for Canadian PR, got a receipt # back. I want to add my wife now. However, she has a shoplifting incident back in 2001 in Singapore. I know we have to provide Police Cert for Singapore nowadays.
Reading on cic.ga website, they do pardon such offenses in 5 - 10 years depending on seriosness of the offense. ANyone has concrete infomration on this? Would really help is adding my wife on to my appliaction the correct way.
Reading on cic.ga website, they do pardon such offenses in 5 - 10 years depending on seriosness of the offense. ANyone has concrete infomration on this? Would really help is adding my wife on to my appliaction the correct way.
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BharatPremi
12-14 05:26 PM
Thanks bud. Yeah, I seem to have a "Ceiling" fetish. :D
Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
1) Flow of un-used visas from ROW to OS countries
2) Increase the TOTAL EB quota
3) Exclude dependents
4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).
(I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)
Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?
Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
1) Flow of un-used visas from ROW to OS countries
2) Increase the TOTAL EB quota
3) Exclude dependents
4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).
(I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)
Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?
more...
_TrueFacts
09-03 08:21 PM
Comparing Ted Kennedy and YSR..not a sane mind would do.
Amassing money in the name of fictitious projects is dynamic?
Relentless swindling of money by the parties, leaders, ministers and bureaucrats is dynamic?
Mobilizing and supplying huge money to prove your royalty to party in Delhi is dynamism?
If that is the case then Manmohan Singh, Abdul Kalam what are they…they had every chance and more why don’t we speak about them the same way. Show me one personal allegation on Manmohan or Abdul Kalam.
Yes, it is dynamism to stay in power and to mint money and for people like you…not for administration.
Any one speaking against, has to deal with personal abuse, that’s even with opposition MLA’s. What happened to democracy?
Since 60 years Congress has ruined India and people like Sonia and YSR are few examples of corrupt politics and YSR is openly involved. YSR is no different to a dictator.
Corruption rampant in AP under YSR's regime (http://www.merinews.com/catFull.jsp?articleID=145882)
Mutiny.in � YSR’s new low (http://mutiny.in/2007/07/23/a-new-low-from-the-andhra-cm/)
The Hindu : Andhra Pradesh News : YSR a champion of corruption: Chiru (http://www.thehindu.com/2009/01/23/stories/2009012360510800.htm)
YSR the most corrupt politician - Telugu Movies - Zimbio (http://www.zimbio.com/TELUGU+MOVIES/articles/14097/YSR+most+corrupt+politician)
Naidu to approach Centre on YSR’s ‘Satyam route of corruption’ (http://www.indianexpress.com/news/naidu-to-approach-centre-on-ysrs-satyam-ro/425227/)
One can write a book on YSR’s corruption. AP has become worse than Bihar.
Amassing money in the name of fictitious projects is dynamic?
Relentless swindling of money by the parties, leaders, ministers and bureaucrats is dynamic?
Mobilizing and supplying huge money to prove your royalty to party in Delhi is dynamism?
If that is the case then Manmohan Singh, Abdul Kalam what are they…they had every chance and more why don’t we speak about them the same way. Show me one personal allegation on Manmohan or Abdul Kalam.
Yes, it is dynamism to stay in power and to mint money and for people like you…not for administration.
Any one speaking against, has to deal with personal abuse, that’s even with opposition MLA’s. What happened to democracy?
Since 60 years Congress has ruined India and people like Sonia and YSR are few examples of corrupt politics and YSR is openly involved. YSR is no different to a dictator.
Corruption rampant in AP under YSR's regime (http://www.merinews.com/catFull.jsp?articleID=145882)
Mutiny.in � YSR’s new low (http://mutiny.in/2007/07/23/a-new-low-from-the-andhra-cm/)
The Hindu : Andhra Pradesh News : YSR a champion of corruption: Chiru (http://www.thehindu.com/2009/01/23/stories/2009012360510800.htm)
YSR the most corrupt politician - Telugu Movies - Zimbio (http://www.zimbio.com/TELUGU+MOVIES/articles/14097/YSR+most+corrupt+politician)
Naidu to approach Centre on YSR’s ‘Satyam route of corruption’ (http://www.indianexpress.com/news/naidu-to-approach-centre-on-ysrs-satyam-ro/425227/)
One can write a book on YSR’s corruption. AP has become worse than Bihar.
logiclife
02-12 01:17 PM
I have seen this dog and pony show one too many times. Every year, people think that next year's quota of 140,000 will cause the dates for India and China to go forward in the October Bulletin. October will be the end of misery.
Each year, in October bulletin, for India/China EB3, the dates are either stagnant or they go back to 1998 or 1999.
The thing is, as long as there is this per-country quota rationing of green cards, ROW folks will keep moving to the HOV lane and each year, in Oct to Dec timeframe their dates will get current and they will get GCs.
And each year, the dates for India and China will keep yo-yoing between 1998 and 2002, will never move forward, because if per-country limits are applied to 140,000 greencards, then there is very very little leftover that flows to India/China.
So without an increase in Quota or without removal of per-country discrimination, nothing is going to happen either in Oct 2008 or Oct 2009 or Oct 2010. It will keep fluctuating between 1998 and 2002. That is the bracket for India and China.
Each year, in October bulletin, for India/China EB3, the dates are either stagnant or they go back to 1998 or 1999.
The thing is, as long as there is this per-country quota rationing of green cards, ROW folks will keep moving to the HOV lane and each year, in Oct to Dec timeframe their dates will get current and they will get GCs.
And each year, the dates for India and China will keep yo-yoing between 1998 and 2002, will never move forward, because if per-country limits are applied to 140,000 greencards, then there is very very little leftover that flows to India/China.
So without an increase in Quota or without removal of per-country discrimination, nothing is going to happen either in Oct 2008 or Oct 2009 or Oct 2010. It will keep fluctuating between 1998 and 2002. That is the bracket for India and China.
more...
sats123
01-10 10:04 PM
Fu&^*& desi companies are still advertising for pre approved labor, here is what I got from a desi company. Looks like this labor is cleared from Backlog, they take advantage of this and make money. Its fu$%%$ jackpot for these kind of companies.
Education: BE in Computer Science, Software Engineering or a related
degree
1) Skills Oracle, Oracle Database, Developer 2000,HTML.TOAD and Window
NT
2) Visual Basis, MS SQL Server, ARS Language, HTML Java Script, ASP,
Crystal Reports., Help Desk application web interface of help desk.
Send your Resume along with your Contact #.
Education: BE in Computer Science, Software Engineering or a related
degree
1) Skills Oracle, Oracle Database, Developer 2000,HTML.TOAD and Window
NT
2) Visual Basis, MS SQL Server, ARS Language, HTML Java Script, ASP,
Crystal Reports., Help Desk application web interface of help desk.
Send your Resume along with your Contact #.
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mbartosik
12-13 05:52 PM
it's not the cost of getting an opinion that matters.
See my two prior posts on being pragmatic.
See my two prior posts on being pragmatic.
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GCard_Dream
02-12 01:48 PM
ROW = Rest of the World. It refers to countries other than India, China, Mexico, and I believe Philippines.
Can anyone explain me..
Can anyone explain me..
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nrk
09-17 03:12 PM
Yeah it might not come upto April or May by September 2010, but i am expecting some thing should happen for EB2 I Prior May 2006 filers by end of 2010 (December 2010)
By september 2010 EB2 India will surely enters into 2006.
By september 2010 EB2 India will surely enters into 2006.
more...
reddymjm
09-23 11:33 AM
Let's do it
I just emailed all of them with my name, address and phone number. Atleast 13 of them bounced. Can some one correct the email addresses in that sheet.
I just emailed all of them with my name, address and phone number. Atleast 13 of them bounced. Can some one correct the email addresses in that sheet.
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breddy2000
09-04 11:36 AM
-TrueFactsis an IV insider. Otherwise how he know the real name of the person.
quote:( "-TrueFacts) Jayapaul Reddy Vadicherla" This is to warn you on any personal disturbing mesgs"
So people suspect it is CHANDV23. He have second highest rating after PAPPU.
So people suspect he got all ratings from his multiple ID'S.
Sudddenly -TrueFacts become green after so many reds.
DON'T MAKE US FOOLS.
And right on.... Never expected such a behaviour from a noted Senior member.....
Personally I do not care if I get "Reds" or "Greens" as it is not going to give me GC for what I'm here for.....
quote:( "-TrueFacts) Jayapaul Reddy Vadicherla" This is to warn you on any personal disturbing mesgs"
So people suspect it is CHANDV23. He have second highest rating after PAPPU.
So people suspect he got all ratings from his multiple ID'S.
Sudddenly -TrueFacts become green after so many reds.
DON'T MAKE US FOOLS.
And right on.... Never expected such a behaviour from a noted Senior member.....
Personally I do not care if I get "Reds" or "Greens" as it is not going to give me GC for what I'm here for.....
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ramus
06-28 04:59 PM
They couldn't do earlier because dates weren't current.. Now dates are current and they can approve all those pending application who were just waiting for visa number to assign..
I don't think that they will APPROVE 40,000 appplications in a week. Well they were unable to do so in an year, how come in a week or two.
I don't think that they will APPROVE 40,000 appplications in a week. Well they were unable to do so in an year, how come in a week or two.
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snathan
08-16 11:40 AM
Is this what anti's call us? I think most of us are not just cheap labour. Definitely paid more that the average wage levels.
He is talking about himself....dont worry.
He is talking about himself....dont worry.
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nixstor
09-23 11:42 AM
I just emailed all of them with my name, address and phone number. Atleast 13 of them bounced. Can some one correct the email addresses in that sheet.
Thanks for sending.
send me a PM with addresses that bounced. I will update the list.
Thanks for sending.
send me a PM with addresses that bounced. I will update the list.
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n_2006
06-28 10:16 AM
I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.
But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.
Can somebody please provide some information interms of country quota? This 40000 can be used for any country? Or if India and China used their quota and still visa's left, next visa bulletin may show retrogession for India and China and current for other countries?
But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.
Can somebody please provide some information interms of country quota? This 40000 can be used for any country? Or if India and China used their quota and still visa's left, next visa bulletin may show retrogession for India and China and current for other countries?
more...
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logiclife
01-23 05:18 PM
what happens to the people who got their GC's using labor from this guys company? Hopefully they are not affected, it will be sad to see their lives in trouble because of him.
They will be affected. If you pay cash $20,000 to buy an approved labor, you are breaking that law too, and at the minimum, they would be reapplying for GC again, at the maximum, deportation, for breaking immigration laws.
In fact, if your immigration case was approved with fraudulent information/documents unbeknownst to you and if you employer was alone in the fraud, even then the approved petition(whether its H1, labor, 140, 485) would be voided by USCIS.
What is really frustrating is that backlog centers keep approving labors from very early priority dates and these employers keep responding to 45 day letters saying that "Yes" they want to proceed with labor even though the employee would have left a long time ago. And they do it with the intention of either selling it for cash or using it as an incentive to hire a person on a lower-than-market salary. That it is one of the reasons why PDs are not moving forward...all these old old labors are being recycled into the system.
And this was cybersoftec was in Edison NJ. I wouldnt be surprised if you can find a dozen companies doing this within 1 mile radius of this guy in Edison NJ. No offense meant to NJ or the township of Edison. But boy that place reeks with stinking desi employers.
The only thing that has stopped since Nick Mandalappa was caught is that they've stopped selling it on sulekha.com. If he hadnt been caught, then these guys would be selling approved labors on eBay by now.
They will be affected. If you pay cash $20,000 to buy an approved labor, you are breaking that law too, and at the minimum, they would be reapplying for GC again, at the maximum, deportation, for breaking immigration laws.
In fact, if your immigration case was approved with fraudulent information/documents unbeknownst to you and if you employer was alone in the fraud, even then the approved petition(whether its H1, labor, 140, 485) would be voided by USCIS.
What is really frustrating is that backlog centers keep approving labors from very early priority dates and these employers keep responding to 45 day letters saying that "Yes" they want to proceed with labor even though the employee would have left a long time ago. And they do it with the intention of either selling it for cash or using it as an incentive to hire a person on a lower-than-market salary. That it is one of the reasons why PDs are not moving forward...all these old old labors are being recycled into the system.
And this was cybersoftec was in Edison NJ. I wouldnt be surprised if you can find a dozen companies doing this within 1 mile radius of this guy in Edison NJ. No offense meant to NJ or the township of Edison. But boy that place reeks with stinking desi employers.
The only thing that has stopped since Nick Mandalappa was caught is that they've stopped selling it on sulekha.com. If he hadnt been caught, then these guys would be selling approved labors on eBay by now.
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sanju
12-17 09:39 AM
Thanks for the update. No need to reveal any more details. At least I know the e-mails that I sent made their way to some one who matters.
Thanks jungalee, for writing on this issue, that makes two of us. I think everything done by over 1000/2000 people together and every subject covered in letters from over 1000/2000 people makes it to the top. Most half educated (which is worst than illiterate) usually give priority to their petty differences and find reasons not to participate, which is why they remain "wise fools".
It will definately help to draw attention to our issues if more people in the community will participate.
.
Thanks jungalee, for writing on this issue, that makes two of us. I think everything done by over 1000/2000 people together and every subject covered in letters from over 1000/2000 people makes it to the top. Most half educated (which is worst than illiterate) usually give priority to their petty differences and find reasons not to participate, which is why they remain "wise fools".
It will definately help to draw attention to our issues if more people in the community will participate.
.
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gc28262
07-27 02:43 PM
"..veracity of this statement"
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
I don't think it is legal to work in QXtar when you are on H1B. When you are an IBO ( Independent Business Owner), you are running your own business. I don't think that is allowed on H1B.
Checking IRS doesn't make sense from an H1Bs perspective as IRS has got nothing to do with H1B laws. All they do is make sure you are paying your taxes.
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
I don't think it is legal to work in QXtar when you are on H1B. When you are an IBO ( Independent Business Owner), you are running your own business. I don't think that is allowed on H1B.
Checking IRS doesn't make sense from an H1Bs perspective as IRS has got nothing to do with H1B laws. All they do is make sure you are paying your taxes.
ingegarcia
10-10 08:59 AM
This is half truth.
Tn1 to GC is legally possible but once your GC application (I140 and/or I 485) is pending, your TN1 cann't be renewed. If your dates are current, you can apply I 140 and 485 concurently and get EAD, while you hold TN1. Once you get EAD, you don't have to worry about renewal of TN. Here you need to manage possible two risks; You must get EAD before next TN renewal, and by chance, if I 485 deny, you have no back up and must return to Canada.
Current retrogression, it is not possible to go from TN1 to GC.
My PERM labor, I 140 approved and I 485 is pending since more than 12 months. I was confident and took calculative risk.
Thanks for the information. :D
Tn1 to GC is legally possible but once your GC application (I140 and/or I 485) is pending, your TN1 cann't be renewed. If your dates are current, you can apply I 140 and 485 concurently and get EAD, while you hold TN1. Once you get EAD, you don't have to worry about renewal of TN. Here you need to manage possible two risks; You must get EAD before next TN renewal, and by chance, if I 485 deny, you have no back up and must return to Canada.
Current retrogression, it is not possible to go from TN1 to GC.
My PERM labor, I 140 approved and I 485 is pending since more than 12 months. I was confident and took calculative risk.
Thanks for the information. :D
alisa
06-28 07:41 PM
There is nothing we can do.
So relax.
If your AOS is meant to be filed in July, then it will be filed in July.
If not, then it won't. And things will be similar to the way things have been for such a long time.
So relax.
If your AOS is meant to be filed in July, then it will be filed in July.
If not, then it won't. And things will be similar to the way things have been for such a long time.
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