vegasbaby
02-25 11:07 AM
Guys/Gals,
Put your hand on your heart and say ALLL IZZZZ WELLLL!!!!!!!
Put your hand on your heart and say ALLL IZZZZ WELLLL!!!!!!!
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hebron
10-28 02:37 PM
Thanks guys for posting your experiences.
I spoke with my attorney today regarding filing a new PERM labor and I-140 under EB2 with the same employer. My EB3 labor was filed for Software Engineer position and now my role is a senior role as a Principal Software Engineer. My job duties have changed but not by 50%. My attorney says in order to successfully apply for EB2 labor and I-140 with the same employer, the job should be 50% different from the EB3 Job description.
I don't know how to convince my attorney. Can somebody tell me if I have a valid case for EB2.
I have an MCA from India and 4 years of experience before I joined my current employer. Now I have 12+ years of experience. My current job as a Principal Software Engineer requires a Bachelors + 7 years or Master's + 2 years of experience. I have a Masters with 4 years before I joined my current employer. So i should be eligible to apply for EB2 labor without the experience gained from my current employer. Is that correct?
I spoke with my attorney today regarding filing a new PERM labor and I-140 under EB2 with the same employer. My EB3 labor was filed for Software Engineer position and now my role is a senior role as a Principal Software Engineer. My job duties have changed but not by 50%. My attorney says in order to successfully apply for EB2 labor and I-140 with the same employer, the job should be 50% different from the EB3 Job description.
I don't know how to convince my attorney. Can somebody tell me if I have a valid case for EB2.
I have an MCA from India and 4 years of experience before I joined my current employer. Now I have 12+ years of experience. My current job as a Principal Software Engineer requires a Bachelors + 7 years or Master's + 2 years of experience. I have a Masters with 4 years before I joined my current employer. So i should be eligible to apply for EB2 labor without the experience gained from my current employer. Is that correct?
raysaikat
01-08 05:33 PM
and why, pray, does your esteemed school keep accepting students from these so called "sub-standard" colleges in india? i would say 5-7 years of observed emperical evidence calls for some substantial action on your and your school's part in black-listing these institutions........so, either:
1. you are blowing smoke through eveyone's a** here or
2. the school is greedy for tuition fees - proving an earlier contention made in this thread about it being all about money....
P.S - i am not from one of these schools so no personal stake!
For 2. However, it is not really about greed, but necessity.
1. you are blowing smoke through eveyone's a** here or
2. the school is greedy for tuition fees - proving an earlier contention made in this thread about it being all about money....
P.S - i am not from one of these schools so no personal stake!
For 2. However, it is not really about greed, but necessity.
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485Mbe4001
04-27 02:41 PM
Everytime i renew i have to include a copy of my dirvers license, this year i was asked to provide a color copy. i was told that it is to for background checking, i have no idea why they need it.
Had anybody have to send Driving License for filing extention of h1b?
Had anybody have to send Driving License for filing extention of h1b?
more...
ashutrip
06-27 05:56 PM
Congrats skillet! Really great news!
Any march approval?
Any march approval?
psaxena
08-12 03:14 PM
This bill is purely on the theory of Common man vs politician
What is a politician?
Politician is a contaminated breed of Human species. Here's the difference.
When a common man see the problem, he tries to make a resolution and tries to make a permanent solution helping everyone.
Now what does a politician do.. he see a problem and think how can he pretend to get a resolution while trying to make use of the problem for his political advantage hurting everyone and even hurting who were not effected by that problem and then use the same cycle to resolve the residual problems of the so called "solution" for his gains.. and this goes on and on and on.
Moreover the worst part of the story is no matter where you go in this world, you will find this weed growing everywhere and there is no weed control chemicals to kill them and surprisingly common man is a fertilizer to grow it.
What is a politician?
Politician is a contaminated breed of Human species. Here's the difference.
When a common man see the problem, he tries to make a resolution and tries to make a permanent solution helping everyone.
Now what does a politician do.. he see a problem and think how can he pretend to get a resolution while trying to make use of the problem for his political advantage hurting everyone and even hurting who were not effected by that problem and then use the same cycle to resolve the residual problems of the so called "solution" for his gains.. and this goes on and on and on.
Moreover the worst part of the story is no matter where you go in this world, you will find this weed growing everywhere and there is no weed control chemicals to kill them and surprisingly common man is a fertilizer to grow it.
more...
sweet23guyin
10-01 11:39 AM
I am not as articulate as other posters in understanding/explaining recaputre, unused visa#, loaning visa# to FP......and so on. Reading all these post,I see every one are so frustated and every one want to do some thing and let USCIS know how imp these things are...but how:confused:...IDEA!!!...."FLOWERS".... I don't know why, but my long and short sense sayss....send some more flowerss again and again....
Message:
" Congratulation for not using the visa# for FY 2007, God bless USCIS"
Message:
" Congratulation for not using the visa# for FY 2007, God bless USCIS"
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9years
09-13 10:37 AM
Hi All,
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
more...
adhantari
07-06 10:56 AM
funding problem.... IV has around 450K in assets...........
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jonty_11
07-11 12:29 PM
Anyone,
How do I start a new thread in IV ?
search for this the forums and u will find it.
How do I start a new thread in IV ?
search for this the forums and u will find it.
more...
MahaBharatGC
09-27 08:54 AM
Arrived before the Millennium: Dec 1999
Started GC processing in 2003 finally filed in March/Apr 2004.
2007 lucky fiasco gave me and my wife chance on EAD.
Still counting....:confused:
Started GC processing in 2003 finally filed in March/Apr 2004.
2007 lucky fiasco gave me and my wife chance on EAD.
Still counting....:confused:
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dpp
07-20 01:17 PM
H1Bs taken care by California and Vermont centers. 485, 131 and 765 are handled by Nebraska and Texas centers.
Also, Nebraska is big and main center. They know how to handle load.
Here are the EAD statistics (real numbers):
Year Total received Approved
2000 1,451,527 1,325,840
2001 1,813,479 1,698,448
2002 1,745,976 1,573,842
2003 2,156,095 1,977,344
2004 1,640,703 1,694,623
2005 1,744,961 1,541,531
2006 1,462,583 1,188,770
By seeing above numbers, you can see how USCIS handles load of millions of EAD applications every year. so, 600K is not a surprise for them. In 2003, they got more 2 million applications, but they handled well. But it may be take one or two months extra, i.e. 3+2 = 5 months maximum to get your EAD. Thats for sure. They will be prepared for that when you they allow us to file.
If you already applied for EAD now, then you will for sure have a EAD by December.
Not trying to be pessimitic her but any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight.
There are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated. In any case, 5 minutes per EAD is still a conservative figure.
All these add to the time.
Also, due to H-1B pile (65 K +20 K+15K= 100K cases pending), this may not take priorty and resources may be diverted.
Also, Nebraska is big and main center. They know how to handle load.
Here are the EAD statistics (real numbers):
Year Total received Approved
2000 1,451,527 1,325,840
2001 1,813,479 1,698,448
2002 1,745,976 1,573,842
2003 2,156,095 1,977,344
2004 1,640,703 1,694,623
2005 1,744,961 1,541,531
2006 1,462,583 1,188,770
By seeing above numbers, you can see how USCIS handles load of millions of EAD applications every year. so, 600K is not a surprise for them. In 2003, they got more 2 million applications, but they handled well. But it may be take one or two months extra, i.e. 3+2 = 5 months maximum to get your EAD. Thats for sure. They will be prepared for that when you they allow us to file.
If you already applied for EAD now, then you will for sure have a EAD by December.
Not trying to be pessimitic her but any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight.
There are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated. In any case, 5 minutes per EAD is still a conservative figure.
All these add to the time.
Also, due to H-1B pile (65 K +20 K+15K= 100K cases pending), this may not take priorty and resources may be diverted.
more...
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pappu
03-12 12:29 PM
The vision and mission is same. This change is to acknowledge people who support us. We will continue to post public updates as we have done. We feel by having all sincere members who support us in one place we can do better in our efforts.
members can still post questions and threads for free. All forums are available to everyone for free. Except the small donor forum.
members can still post questions and threads for free. All forums are available to everyone for free. Except the small donor forum.
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lazycis
11-20 01:11 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
more...
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Legal
07-20 11:10 AM
Dems are unlilkely to support stand alone EB/ SKIL type legislations. They MAY agree for such legislation
(1) if they could get some cover with additional legislation like Durbin-Grasley restrictive bill on H1B - taking care of "middle class" "suffering" from "H1B cheap foreign labor" vote bank
(2) and get some pro-illegal legislation like DREAM act attached; taking care of Hispanic vote bank.
(1) if they could get some cover with additional legislation like Durbin-Grasley restrictive bill on H1B - taking care of "middle class" "suffering" from "H1B cheap foreign labor" vote bank
(2) and get some pro-illegal legislation like DREAM act attached; taking care of Hispanic vote bank.
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2BeeNot2Bee
09-13 06:09 PM
A lot of EB3's got EAD's out of turn. They are the ones who have created the EB3 backlog and also EB2 backlog.
Stop pointing your dirty fingers at handful of EB3->EB2 converts!
Ask them to surrender their EAD's first and then preach others about EB3->EB2 conversions!
Stop pointing your dirty fingers at handful of EB3->EB2 converts!
Ask them to surrender their EAD's first and then preach others about EB3->EB2 conversions!
more...
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kittu1991
03-03 07:45 PM
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
Even if that is true EB3 row have to be current before EB3 I/C get spillover.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
Even if that is true EB3 row have to be current before EB3 I/C get spillover.
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saileshdude
09-10 10:43 AM
I think these guys are just playing with our minds. They know how many applications are pending. At least they have a estimate and idea.
Now they will sit on these pending applications until the end of year and then suddenly move dates 2-3 years ahead and approve some GCs. Few will be happy and most of us will be disappointed.
Now they will sit on these pending applications until the end of year and then suddenly move dates 2-3 years ahead and approve some GCs. Few will be happy and most of us will be disappointed.
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hydubadi
03-04 02:13 PM
Hello All,
NSC --> EB2 I Oct 2006 -->485 June 2007 filer --> LUD on mine 03/03/2009 --LUD and RFE on my wifes 03/04/2009 (RFE email from USCIS says: Current Status: Request for Additional Evidence Sent not sure what it evidence they need, recently we have made name change amendment on EAD for my wife, I am assuming it should be related to that, will wait and see till we can hard copy of RFE)
Thanks,
Hope we all get our GC soon!!!
NSC --> EB2 I Oct 2006 -->485 June 2007 filer --> LUD on mine 03/03/2009 --LUD and RFE on my wifes 03/04/2009 (RFE email from USCIS says: Current Status: Request for Additional Evidence Sent not sure what it evidence they need, recently we have made name change amendment on EAD for my wife, I am assuming it should be related to that, will wait and see till we can hard copy of RFE)
Thanks,
Hope we all get our GC soon!!!
titu1972
03-17 09:19 PM
I got a mail from IRS Today mentioning the eligibility criteria for Stimulus package. Only Primary person who filed Tax Return(may be single or jointly)
is eligible to get refund of $600 for single and $1200 if file jointly. Dependant cannot claim the package.
For each child additional $300.
is eligible to get refund of $600 for single and $1200 if file jointly. Dependant cannot claim the package.
For each child additional $300.
Mouns
04-30 03:20 PM
:mad:
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