sunny1000
06-10 06:07 PM
sagar_nyc, agreed. EB3 is a joke and even worst I have become a joker in front of all my friends who applied in EB2 cheating the system. Funny is, experience wise, I am well ahead of all those making fun of me but...:-(
too bad, eb3 does not even have a place to vent these days as IV forums and its thread only has discussions from EB2 members.
anyway, best of luck to everybody. the world is not fair, I am willing to fight my part to make it fair and just for all.
I hear you. Yours may become current at the beginning of next FY year as they project Feb 02 for sept 2010. Wish you luck!
too bad, eb3 does not even have a place to vent these days as IV forums and its thread only has discussions from EB2 members.
anyway, best of luck to everybody. the world is not fair, I am willing to fight my part to make it fair and just for all.
I hear you. Yours may become current at the beginning of next FY year as they project Feb 02 for sept 2010. Wish you luck!
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capriol
06-16 02:32 PM
Dear Folks, I have a question:
For example, if someone's Advance Parole document validity is terminating on (say for ex), July 16, 2009, then, should the person apply for renewing his/her application prior to July 16, 2009? In other words, should a person's application to renew his/her AP document be made prior to the termination of the current one, OR, could this application for renewal be made after the current AP document's validity expires (in this case after July 16, 2009)? Thanks a lot, friends.
For example, if someone's Advance Parole document validity is terminating on (say for ex), July 16, 2009, then, should the person apply for renewing his/her application prior to July 16, 2009? In other words, should a person's application to renew his/her AP document be made prior to the termination of the current one, OR, could this application for renewal be made after the current AP document's validity expires (in this case after July 16, 2009)? Thanks a lot, friends.
gimme_GC2006
07-18 08:20 PM
even though I am in EB2..from my personal experience, the kind of IT contracts/jobs/assignments we (most of us) do, I dont think there is anything that an EB2 qualified can do which EB3 cannot do.
I saw threads (this site or elsewhere) where EB2 ppl felt superior and blasted the threads where EB3-EB2 conversions were discussed.
IMHO, I would always say, if it is legal and possible and beneficial, ppl should think of conversion.
I saw threads (this site or elsewhere) where EB2 ppl felt superior and blasted the threads where EB3-EB2 conversions were discussed.
IMHO, I would always say, if it is legal and possible and beneficial, ppl should think of conversion.
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saketkapur
07-03 12:55 PM
Hi
I am posting the link for the EAD FAQ available from the USCIS. I still have not received my card but it says online that the approval notice was sent on June 30th....so not sure if its one year or 2 years and if its the actual card or just a notice.
Anyways here is the link.
http://www.uscis.gov/files/article/2yrEAD_FAQ_061208.pdf
Please see the part regarding the validity period of the card and if you believe you got the wrong dates then what needs to be done.
If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c)(9), how long is the EAD valid?
If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date. If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.
If I believe I have received an EAD with the wrong validity period or other incorrect information who should I contact?
If you believe that you have received the wrong validity period, you should contact the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY).
For additional information, or if your application has been approved and you have not received your EAD, please contact the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY)
regards
Saket
I am posting the link for the EAD FAQ available from the USCIS. I still have not received my card but it says online that the approval notice was sent on June 30th....so not sure if its one year or 2 years and if its the actual card or just a notice.
Anyways here is the link.
http://www.uscis.gov/files/article/2yrEAD_FAQ_061208.pdf
Please see the part regarding the validity period of the card and if you believe you got the wrong dates then what needs to be done.
If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c)(9), how long is the EAD valid?
If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date. If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.
If I believe I have received an EAD with the wrong validity period or other incorrect information who should I contact?
If you believe that you have received the wrong validity period, you should contact the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY).
For additional information, or if your application has been approved and you have not received your EAD, please contact the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY)
regards
Saket
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delhirocks
06-19 06:59 PM
I want to ask if I file my labour before oct 2007 am I going to be safe?
Or I will still come under the merit system?pls anybody will ans this question. I am going to start my GC 2 months(after adv etc)
You need to file for I-140 before 10/1/07.
For that you need to have an aproved Labor.
Bear in mind this is just one of the opinions out there (albeit the most prevalent)
Nothing is final yet, untill CIR passes both houses and signed by the president before 09/30/07. (Though it looks highly likely now)
Or I will still come under the merit system?pls anybody will ans this question. I am going to start my GC 2 months(after adv etc)
You need to file for I-140 before 10/1/07.
For that you need to have an aproved Labor.
Bear in mind this is just one of the opinions out there (albeit the most prevalent)
Nothing is final yet, untill CIR passes both houses and signed by the president before 09/30/07. (Though it looks highly likely now)
mallikonnet
07-21 06:58 PM
Thanks for your inputs. Please also read my previous message. If there is a less non-confronting approach that is equally good in bringing this to the attention any authorigy and resolving it amicably we should be all for it.
- So can IV help us by filing a petition/letter to DOL/UCIS or the other relevant authority towards this cause...basically explaining the plight of the affected people and how they have been affected by DOL not doing FIFO processing of the labor applications in the traditional process.
IV core team, please provide us some guidance and please help us here.
- I do agree if the petition doesn't work out then we can think on the law suit. OR we can explore that option and start getting the details of the process parallely so that we have all the information in hand. But if a petition isn't possible (which I doubt) then we should be able to swiftly act on the lawsuit.
HI RISKER I GOT FEW QUESTIONS. THESE QUESTIONS MAY WELL BE ASKED BY DEFENDATS(DOL) WHEN YOU FILE LAWSUIT.
1. WHY DIDNT YOU UPDATE TO PERM LABOR WHILE RETAINING PRIORITY DT
2. DID YOU CONSIDER RIR AND REGUALR CASES DIFFERENCES WHEN ARE SUEING FOR FIFO
3. DID YOU FIND PEOPLE FROM THE SAME COMPANY WITH DIFFERENT FILING DATES APPOVED NEW AHEAD OF OLD FILING DATE( THIS WOULD GIVE YOU A STRONG REASONING WHEN YOU WANT TO SUE). COMPANYS PROFILE CAN INFLUENCE A LOT ON DECISION MAKING EX.. MICROSOFT VS DESI COMPANY.
4. HOW MANY CASES YOU HAVE STUDIED FOR VIOLATION FIFO. COLLECT DATA FROM BEC APPROVED PEOPLE AND THE PEOPLE STILL STUCK THERE.
I WHOLEHEARTEDLY AGREE THE INJUSTICE DONE BY DOL. HEY BUT BEFORE JUMPING THE GUN GET YOUR AMMUNITION READY THEN CONTACT CORE AND THEN SEE FROM THERE.....
GOOD LUCK
- So can IV help us by filing a petition/letter to DOL/UCIS or the other relevant authority towards this cause...basically explaining the plight of the affected people and how they have been affected by DOL not doing FIFO processing of the labor applications in the traditional process.
IV core team, please provide us some guidance and please help us here.
- I do agree if the petition doesn't work out then we can think on the law suit. OR we can explore that option and start getting the details of the process parallely so that we have all the information in hand. But if a petition isn't possible (which I doubt) then we should be able to swiftly act on the lawsuit.
HI RISKER I GOT FEW QUESTIONS. THESE QUESTIONS MAY WELL BE ASKED BY DEFENDATS(DOL) WHEN YOU FILE LAWSUIT.
1. WHY DIDNT YOU UPDATE TO PERM LABOR WHILE RETAINING PRIORITY DT
2. DID YOU CONSIDER RIR AND REGUALR CASES DIFFERENCES WHEN ARE SUEING FOR FIFO
3. DID YOU FIND PEOPLE FROM THE SAME COMPANY WITH DIFFERENT FILING DATES APPOVED NEW AHEAD OF OLD FILING DATE( THIS WOULD GIVE YOU A STRONG REASONING WHEN YOU WANT TO SUE). COMPANYS PROFILE CAN INFLUENCE A LOT ON DECISION MAKING EX.. MICROSOFT VS DESI COMPANY.
4. HOW MANY CASES YOU HAVE STUDIED FOR VIOLATION FIFO. COLLECT DATA FROM BEC APPROVED PEOPLE AND THE PEOPLE STILL STUCK THERE.
I WHOLEHEARTEDLY AGREE THE INJUSTICE DONE BY DOL. HEY BUT BEFORE JUMPING THE GUN GET YOUR AMMUNITION READY THEN CONTACT CORE AND THEN SEE FROM THERE.....
GOOD LUCK
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felix31
07-24 11:45 AM
joining the club...
my I-485 was nicely pending @ TSC, and the company just sent H1 papers off to VSC for processing, so I can come back on H1. I am currently sitting in London (working for my GC employer from their UK office), when I got the Card Production E-mail. My previous H1 approval expired in March.
My EAD will expire next month, as well as AP. So, here is the rub, they will not let me come back to US on AP since system shows GC approved, H1 will be rejected since GC is approved.
needless to say PD is not current. I kind of remember having an approved RIR Labor with PD June 2004, but I dont remember having sent for I-140...No idea what to do and how to check that.
Dont trust company's lawyer, and I sent all I-485 papers by myself back in July 2007. I have an attorney that I bug from time to time but he is on vacation now...
So... am I completely screwed...?
My employer transfered me from US to UK couple of months ago, now they are transfering me back. I did go for H1 stamping in Dec here in London and IO said something like, my GC is taking too long, he will check why I dont already have it..
Just venting here, no clue whom to talk to next....
Any suggestions are welcome...
my I-485 was nicely pending @ TSC, and the company just sent H1 papers off to VSC for processing, so I can come back on H1. I am currently sitting in London (working for my GC employer from their UK office), when I got the Card Production E-mail. My previous H1 approval expired in March.
My EAD will expire next month, as well as AP. So, here is the rub, they will not let me come back to US on AP since system shows GC approved, H1 will be rejected since GC is approved.
needless to say PD is not current. I kind of remember having an approved RIR Labor with PD June 2004, but I dont remember having sent for I-140...No idea what to do and how to check that.
Dont trust company's lawyer, and I sent all I-485 papers by myself back in July 2007. I have an attorney that I bug from time to time but he is on vacation now...
So... am I completely screwed...?
My employer transfered me from US to UK couple of months ago, now they are transfering me back. I did go for H1 stamping in Dec here in London and IO said something like, my GC is taking too long, he will check why I dont already have it..
Just venting here, no clue whom to talk to next....
Any suggestions are welcome...
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GC08
06-08 08:34 PM
-Jack Nicholson-
You may also say ... In this country, no one gives it to you. You have to fight for it. :rolleyes:
You may also say ... In this country, no one gives it to you. You have to fight for it. :rolleyes:
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Green.Tech
03-13 11:18 PM
... and if you have a copy of that beautiful I-140.
Suppose I initially worked as an Engineer, and got labor and I-140 approved. Now, say I totally change my field to become a Business Development Manager, can I still port the older PD from the previous I-140 (assuming that a new labor and 140 will need to be filed for the new job) or does the job have to be same or similar for me to port the older PD?
Any inputs? Thanks!
Suppose I initially worked as an Engineer, and got labor and I-140 approved. Now, say I totally change my field to become a Business Development Manager, can I still port the older PD from the previous I-140 (assuming that a new labor and 140 will need to be filed for the new job) or does the job have to be same or similar for me to port the older PD?
Any inputs? Thanks!
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H4_losing_hope
02-13 04:23 PM
Thank you abhijitp, waiting4gc and needhelp! These are some great pointers, and my chances sound better already. I am going to see what I can do :) Things have picked up a little on my numbers today, happy to say at 163 now!
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dish
03-16 01:05 PM
There is a site called http://www.hvisasurvey.org which conducts surveys about the lives of poeple on different H Visas. They were lobbying for H4 work authorization and protection under VAWA for non-immigrant woman.
I have a suggestion. Why not ImmigrationVoice Join with HVisaSurvey and Lobby for more rights for H4 Visa Holders.
At least the H4 should be allowed to work if the labor certification is pending or the I-140 is approved for the H1 visa holder. Waiting for I-485 to become current is a long wait. Why nobody care about H4s. L2's got work permit because the big multinational companies who used a lot of L1 visas lobbied for it.
I have a suggestion. Why not ImmigrationVoice Join with HVisaSurvey and Lobby for more rights for H4 Visa Holders.
At least the H4 should be allowed to work if the labor certification is pending or the I-140 is approved for the H1 visa holder. Waiting for I-485 to become current is a long wait. Why nobody care about H4s. L2's got work permit because the big multinational companies who used a lot of L1 visas lobbied for it.
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amitga
10-04 10:30 PM
I think for first meeting 10-12 are enough. Let us meet and decide upon the strategy to have more people. I would prefer not to have lot of people in the first meeting.
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onemorecame
07-27 03:49 PM
Hi,
I Filled 485+EAD+AP in July fiasco with old fee structure, In July 2008 filled AP+EAD with new fees.
Planning to file AP alone for 2009, I read somewhere that if you paid new fee's for AP then you won't get charged next time.
I am not sure whether I need to pay AP fess again this time or not?
Please share your exp
Thanks
I Filled 485+EAD+AP in July fiasco with old fee structure, In July 2008 filled AP+EAD with new fees.
Planning to file AP alone for 2009, I read somewhere that if you paid new fee's for AP then you won't get charged next time.
I am not sure whether I need to pay AP fess again this time or not?
Please share your exp
Thanks
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Juan28210
07-01 09:20 AM
Congratulations and enjoy your green card! Don't worry about the priority dates not being current when yours was approved. My green card was approved in September 2007, sometime after the July fiasco wherein the PD for all categories became unavailable. Since my gc approval, I've been in and out of the US, and I hadn't had any single problem getting back in.
PD: April 2007, EB2, ROW
PD: April 2007, EB2, ROW
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gulute
05-19 03:30 PM
That was real quick!
Thanks
Thanks
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nixstor
03-20 11:10 PM
Well, which interpretation? The one from April '08 or from November '05? They substantially differ. That's part of the controversy. What motivated them to change it?
I do think that the interpretation is, at least, debatable, and I can see both interpretations. In the end, the question comes down to: does the country limit have priority over the EB category, and I don't think you can have a conclusive answer.
But it also doesn't say the opposite.
It also states: if Visas available. You can certainly construe the case that Visas can only be available if they cannot be assigned to a lower category. 202 (a) (5) (B) actually states that only in application of 202 (e), Visas should be deemed to be required. Does that mean they are not required otherwise? 203(b) actually uses the same terminology to allow non-required visas to fall through.
Historically, before AC-21 was added, Visa numbers were wasted because they needed to be assigned in proportion. Irrespective of the interpretation of 202 (a) (5) this cannot happen with AC-21.
Snips from Nov 05 Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html)
The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
>> As per my understanding, When there are no per country limits, It can be assigned to any one with oldest PD. Not that it is working like that with USCIS. As I said, before in my previous post, we can imagine these visa numbers tagged with the category name beside them. <<
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
>> Just to let you know before you think I am biased towards one thing or the other, I haven't looked at the text of the INA until a week before and for the past 2 years I have heard the same story that country limits trump category. I have spoken with an attorney and he expressed above similar opinion where we might not have noticed how numbers were overflowing and NOT overflowing to demand or lack of demand. Either way, This is not a panacea for the problem at hand as there is no clarity what so ever in either procedures. <<
I do think that the interpretation is, at least, debatable, and I can see both interpretations. In the end, the question comes down to: does the country limit have priority over the EB category, and I don't think you can have a conclusive answer.
But it also doesn't say the opposite.
It also states: if Visas available. You can certainly construe the case that Visas can only be available if they cannot be assigned to a lower category. 202 (a) (5) (B) actually states that only in application of 202 (e), Visas should be deemed to be required. Does that mean they are not required otherwise? 203(b) actually uses the same terminology to allow non-required visas to fall through.
Historically, before AC-21 was added, Visa numbers were wasted because they needed to be assigned in proportion. Irrespective of the interpretation of 202 (a) (5) this cannot happen with AC-21.
Snips from Nov 05 Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html)
The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
>> As per my understanding, When there are no per country limits, It can be assigned to any one with oldest PD. Not that it is working like that with USCIS. As I said, before in my previous post, we can imagine these visa numbers tagged with the category name beside them. <<
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
>> Just to let you know before you think I am biased towards one thing or the other, I haven't looked at the text of the INA until a week before and for the past 2 years I have heard the same story that country limits trump category. I have spoken with an attorney and he expressed above similar opinion where we might not have noticed how numbers were overflowing and NOT overflowing to demand or lack of demand. Either way, This is not a panacea for the problem at hand as there is no clarity what so ever in either procedures. <<
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Totoro
07-23 07:18 AM
You can file an amendment with the ssn information. If you are not sure how, just talk to any cpa.
That is wrong. You must wait until you file your taxes next year with the new ID number.
That is wrong. You must wait until you file your taxes next year with the new ID number.
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AUNTYMARGARET
04-18 10:05 AM
How many of you all dealt with the lawyer named Alex Elsberg?
which branch r u all talking about pls
which branch r u all talking about pls
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sadhimoorthy
07-03 03:37 PM
I spoke to a woman in the USCIS customer service and she doesnt know Jack. All she told was there wont be any further authorizations starting from June 02(as idf we dont know this. Teh whole world knows). They will put all the applicatiosn received on July 02 in hold and may start processing from Oc 01 2007. As i said earlier she knows jack about the probelm. If you ask more questions they simply say that they are only customer service and this is what they know. I asked who else should i contact to get more info and she told i have to contact them only. What an idiotic organization.
gc_lover
07-05 08:55 AM
Everybody is getting different answers from USCIS. They don't know WTF they are doing!
k3GC
05-28 05:25 PM
Amount: $50.00 USD
Transaction Date: May 28, 2010
Transaction ID: 08M003642M0307828
Transaction Date: May 28, 2010
Transaction ID: 08M003642M0307828
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