My lawyer advised me as I mentioned before. If your case is simliar to me and if you might have hired the same lawyer he would have advised you the same as what he advised me :). The key is the "wait period" and letter from employer " To show readiness to promote based on skill progression for 2-3 years". Technically "real promotion" should occur on the day of interfiling or immediately after that not before the interfiling.
How can the current position (EB3) relevant when the new employer is filing your GC for a future job (Eb2) ?
Does the employee need to get promoted in the current job to apply for a future EB2 job ?
How can the current position (EB3) relevant when the new employer is filing your GC for a future job (Eb2) ?
Does the employee need to get promoted in the current job to apply for a future EB2 job ?
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Great job MACACA! you are the man!
These are interesting facts.
These are interesting facts.
Easy for you to say as u already got your green card.
If Aman had worried about only himself then there would have been no IV. Start thinking for whole EB community. Change your "I" comes before "WE" attitude, help the whole community and help yourself. Anyway, good luck on your law suit.
If Aman had worried about only himself then there would have been no IV. Start thinking for whole EB community. Change your "I" comes before "WE" attitude, help the whole community and help yourself. Anyway, good luck on your law suit.
2011 Tagged with: 2011 Billboard
All I 94 - does this mean all the I 94's you ever had or the I 94 that currently is in your possession.
I do not have copies of all the I 94's that were issued to me since my stay in US .. any body any thoughts?
Be ready with the following supporting documents. My attorney asked the following:
1. Personal Details -
(Travel Plans in the next 3 months, Moving Plans in the next 6 months, Contact Information, Passport and I-94 info, Employment Hisotry - Last 5 years+ Last job ouside US, Residence History - Last 5 years + last residence outside US, LC, I-140, EAD and details, and a few other questions, etc)
2. Passport copies- all pages, current, all old.
3. All I-20, I-94, I-797, LC, I-140 copies
4. Birth Certificates or Birth Affidavits
5. Marriage Certificate or Marriage Affidavits -
6. Sealed Medical Exam Cover - I-693
7. 6 photos for adults ( 4 if under 14)
8. Photocopy of current I-94
9. Divorce Certificate (if applicable)
Happy Filing.
I do not have copies of all the I 94's that were issued to me since my stay in US .. any body any thoughts?
Be ready with the following supporting documents. My attorney asked the following:
1. Personal Details -
(Travel Plans in the next 3 months, Moving Plans in the next 6 months, Contact Information, Passport and I-94 info, Employment Hisotry - Last 5 years+ Last job ouside US, Residence History - Last 5 years + last residence outside US, LC, I-140, EAD and details, and a few other questions, etc)
2. Passport copies- all pages, current, all old.
3. All I-20, I-94, I-797, LC, I-140 copies
4. Birth Certificates or Birth Affidavits
5. Marriage Certificate or Marriage Affidavits -
6. Sealed Medical Exam Cover - I-693
7. 6 photos for adults ( 4 if under 14)
8. Photocopy of current I-94
9. Divorce Certificate (if applicable)
Happy Filing.
Does anyone understand what is used to calculate the 3 year period for advanced degree olders?
Is the end of the three year period considered when you applied for LC, or when you apply for 485/140? Since, technically, people who are pending at the BEC as well as those who are affected by retrogression are still on NIV, and have not applied for immigrant Visa yet.
This point will have an impact on a lot of folks who may have applied for LC less than three years after getting their Degree but would have crossed that limit by the time they can apply for the immigrant Visa.
Is the end of the three year period considered when you applied for LC, or when you apply for 485/140? Since, technically, people who are pending at the BEC as well as those who are affected by retrogression are still on NIV, and have not applied for immigrant Visa yet.
This point will have an impact on a lot of folks who may have applied for LC less than three years after getting their Degree but would have crossed that limit by the time they can apply for the immigrant Visa.
Seems like there might be an internal memo or understanding between USCIS and DOS not to approve many Eb2 India 485 even though there dates are current, this is the only explanation I can come up for the lack for eb2 india approvals in October. Even with the limited number of visas every quarter I was hoping there would be lot of approvals because of Visa spillover occuring every quarter instead of once every year, but looking at the USCIS performance in the first week of october it seems like there wont be any quarterly spillover at all.
Correct me if I am wrong but to my knowledge quaterly spill overs if any would be in the last month of the quater which should be in Dec 2009
Correct me if I am wrong but to my knowledge quaterly spill overs if any would be in the last month of the quater which should be in Dec 2009
Sorry for using this thread, i was not sure where to post this mesage and did not want to start a new thread.
I just learnt from my lawyer that he submitted my I-485 aplication one day before my medical reports reached him. Basically he filed with out the medical reports. Will USCIS reject my aplication?He is saying it is allowed?
You should be fine, one of the latest FAQs says you can file without medical report.
I just learnt from my lawyer that he submitted my I-485 aplication one day before my medical reports reached him. Basically he filed with out the medical reports. Will USCIS reject my aplication?He is saying it is allowed?
You should be fine, one of the latest FAQs says you can file without medical report.
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Hi, I am living in Florida. Do I still send the I-485/EAD/AP documents to Nebraska or Texas ? Can some one please tell me.
Regards
Taken from the 485 instructions.
Where Should You File Form I-485?
Employment-based adjustment of status.
File all employment-based adjustment of status applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an EB Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an EB Form I-485 filed based on a pending or an approved Form I-140.
Regards
Taken from the 485 instructions.
Where Should You File Form I-485?
Employment-based adjustment of status.
File all employment-based adjustment of status applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an EB Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an EB Form I-485 filed based on a pending or an approved Form I-140.
They are stated opposite compaign and calling congress to oppose this bill H.R.5882
http://www.borderfirereport.net/latest/house-leadership-wants-to-give-half-million-jobs-to-foreign-workers.html
http://www.borderfirereport.net/latest/house-leadership-wants-to-give-half-million-jobs-to-foreign-workers.html
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Pages 245 and 246 includes recapture clause
From a quick glance, I see all the provisions talked about in various bills for EB category except for recapture of unused visas. Very broad markup.
From a quick glance, I see all the provisions talked about in various bills for EB category except for recapture of unused visas. Very broad markup.
First let me state that I need people like you to proceed and hence I will be happy to answer the points you rasied to the best of my ability:
We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
So some people (and I know around 10 of them) what they are doing is the following:
They got the chance to file their 485 last July , which is pending. They are now contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...
This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair to the people already in Eb2 line as well as the ones who do not know how to game the system
By the way: If any one is interested, I know of three such consulting firms that can do for you for a fee.
you want to file a lawsuit because of 10 people you know game the system, thereby negatively impacting many more people who are moving to new jobs to climb the ladder and may benefit by the rule as a side-effect. Should you then not file a lawsuit against the people who play the game indicating that they are not even joining the company that sponsored their GC? I am now really confused whom you are against.
Either way, I would not support any lawsuit. If someone is smarter to get his way ahead of me, it is good for him/her. I cannot blame my status on someone else's intelligence/ smartness. If I do not know how to play the game, it is my problem (it actually is, hence I am stuck). But that is OK. I am happy the way I am.
We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
So some people (and I know around 10 of them) what they are doing is the following:
They got the chance to file their 485 last July , which is pending. They are now contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...
This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair to the people already in Eb2 line as well as the ones who do not know how to game the system
By the way: If any one is interested, I know of three such consulting firms that can do for you for a fee.
you want to file a lawsuit because of 10 people you know game the system, thereby negatively impacting many more people who are moving to new jobs to climb the ladder and may benefit by the rule as a side-effect. Should you then not file a lawsuit against the people who play the game indicating that they are not even joining the company that sponsored their GC? I am now really confused whom you are against.
Either way, I would not support any lawsuit. If someone is smarter to get his way ahead of me, it is good for him/her. I cannot blame my status on someone else's intelligence/ smartness. If I do not know how to play the game, it is my problem (it actually is, hence I am stuck). But that is OK. I am happy the way I am.
hot 2011 BILLBOARD MUSIC AWARDS
Bush deems guest workers key for economy
By Joseph Curl and Stephen Dinan
The Washington Times, February 1, 2006
http://www.washtimes.com/national/20060201-120444-3544r.htm
President Bush last night called for 'stronger immigration enforcement and border protection' even as he told Congress to move forward with his plan to create a guest-worker program to fill jobs that no Americans want.
He also seemed to challenge those in his party who oppose a guest-worker program, saying the nation needs immigrants.
'We hear claims that immigrants are somehow bad for the economy -- even though this economy could not function without them,' Mr. Bush said in his State of the Union address.
The only way to keep the United States competitive is to create an immigration system that 'upholds our laws, reflects our values and serves the interests of our economy,' he said.
'Our nation needs orderly and secure borders. To meet this goal, we must have stronger immigration enforcement and border protection,' Mr. Bush said. 'And we must have a rational, humane guest-worker program that rejects amnesty, allows temporary jobs for people who seek them legally and reduces smuggling and crime at the border.'
The president pushed for his guest-worker plan in his past two State of the Union addresses as a way to help employers, but this year his focus on border security and immigration enforcement was much clearer.
'There has been continual movement on his part because he recognizes the Congress and the American people aren't with him, and we're going to fight him,' said Rep. Tom Tancredo, Colorado Republican.
He and other Republicans took issue with Mr. Bush for not differentiating between legal immigrants and illegal aliens when he said the economy could not work without immigrants.
Rep. Lamar Smith, Texas Republican, said U.S. workers would be hurt by a guest-worker program.
'Studies show that competition from cheap foreign labor depresses wages and takes jobs away from American citizens and legal immigrants alike,' Mr. Smith said.
He also said Mr. Bush's plan is unenforceable, because those here illegally cannot be expected to return to their home countries voluntarily.
In the official Democratic response to the State of the Union, Virginia Gov. Timothy M. Kaine said Mr. Bush does not have a rational immigration policy and that the result is a 'confusing patchwork' for states and localities to handle.
He shied away from a specific call for a path to citizenship for illegal aliens, even though most party leaders in Washington have endorsed that.
'We should welcome those who seek to lawfully join and contribute to our American family,' Mr. Kaine said. 'At the same time, we must ensure that our homeland-defense efforts begin with consistent federal action to protect our borders.'
In the Spanish-language Democratic response, Los Angeles Mayor Antonio Villaraigosa specifically called for 'comprehensive immigration reform' and for giving 'hardworking people who play by the rules a greater opportunity to realize the American dream.'
Sen. John Cornyn, Texas Republican, said Mr. Bush was right to call for action on the border and for his guest-worker plan.
'The bill I've introduced strengthens our border enforcement and comprehensively reforms our immigration system,' Mr. Cornyn said. 'We need both stronger enforcement and reasonable reform of our immigration laws.'
By Joseph Curl and Stephen Dinan
The Washington Times, February 1, 2006
http://www.washtimes.com/national/20060201-120444-3544r.htm
President Bush last night called for 'stronger immigration enforcement and border protection' even as he told Congress to move forward with his plan to create a guest-worker program to fill jobs that no Americans want.
He also seemed to challenge those in his party who oppose a guest-worker program, saying the nation needs immigrants.
'We hear claims that immigrants are somehow bad for the economy -- even though this economy could not function without them,' Mr. Bush said in his State of the Union address.
The only way to keep the United States competitive is to create an immigration system that 'upholds our laws, reflects our values and serves the interests of our economy,' he said.
'Our nation needs orderly and secure borders. To meet this goal, we must have stronger immigration enforcement and border protection,' Mr. Bush said. 'And we must have a rational, humane guest-worker program that rejects amnesty, allows temporary jobs for people who seek them legally and reduces smuggling and crime at the border.'
The president pushed for his guest-worker plan in his past two State of the Union addresses as a way to help employers, but this year his focus on border security and immigration enforcement was much clearer.
'There has been continual movement on his part because he recognizes the Congress and the American people aren't with him, and we're going to fight him,' said Rep. Tom Tancredo, Colorado Republican.
He and other Republicans took issue with Mr. Bush for not differentiating between legal immigrants and illegal aliens when he said the economy could not work without immigrants.
Rep. Lamar Smith, Texas Republican, said U.S. workers would be hurt by a guest-worker program.
'Studies show that competition from cheap foreign labor depresses wages and takes jobs away from American citizens and legal immigrants alike,' Mr. Smith said.
He also said Mr. Bush's plan is unenforceable, because those here illegally cannot be expected to return to their home countries voluntarily.
In the official Democratic response to the State of the Union, Virginia Gov. Timothy M. Kaine said Mr. Bush does not have a rational immigration policy and that the result is a 'confusing patchwork' for states and localities to handle.
He shied away from a specific call for a path to citizenship for illegal aliens, even though most party leaders in Washington have endorsed that.
'We should welcome those who seek to lawfully join and contribute to our American family,' Mr. Kaine said. 'At the same time, we must ensure that our homeland-defense efforts begin with consistent federal action to protect our borders.'
In the Spanish-language Democratic response, Los Angeles Mayor Antonio Villaraigosa specifically called for 'comprehensive immigration reform' and for giving 'hardworking people who play by the rules a greater opportunity to realize the American dream.'
Sen. John Cornyn, Texas Republican, said Mr. Bush was right to call for action on the border and for his guest-worker plan.
'The bill I've introduced strengthens our border enforcement and comprehensively reforms our immigration system,' Mr. Cornyn said. 'We need both stronger enforcement and reasonable reform of our immigration laws.'
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As a US Educated Master and originally EB2 filer. I think this is one of the most stupid action ever within the EB community. So you think we are not weak enough and want to divide us more?
tattoo mary-j-lige-picture-3
I am surprised that all other threads are getting updated quite frequently. People are posting question related to their RFE and as usual once they get answer to their problems, they vanish. People are posting jokes on IV, but when it is their turn to call, we've to "bump" this thread and send e-mails to members. So pathetic.
I felt very sad when I read 30000+ members donated some 4000 dollars in last two months. I felt my donation of about 1000 dollars since 2006 is being wasted to answer questions of or to solve the problems of these free riders &/or one question members.
EVERY BODY PLease call...Today is the Day...
I felt very sad when I read 30000+ members donated some 4000 dollars in last two months. I felt my donation of about 1000 dollars since 2006 is being wasted to answer questions of or to solve the problems of these free riders &/or one question members.
EVERY BODY PLease call...Today is the Day...
pictures Mary J Blige,
Great idea on focusing on the longer term and going for citizenship. Starting the 5-year clock at the time of 485 filing sounds like the practical way to do this.
dresses Mary J. Blige stepped in the
We are a husband and wife, both filing.
My priority date is Oct 06 and my wife's will be July 1st. (or so.)
My wife's company is a large multinational and her job is secure. My company is small and not making oodles of money right now.
So I consider my wife's to be solid and slow and mine to be less solid but faster.
I predict that mine will get approved before hers and they'll drop hers. But because I simply do not trust USCIS to process them without a hitch, we're filing twice. Shotgun theory.
Our lawyers seem to concur. If our PDs were the same and our companies were similar, it probably wouldn't be worth filing twice.
My question is regarding the EADs and APs. I believe that I should file through her because they are more "solid" applications. I assume that the EAD/AP will be processed prior to the 485 and priority date does not affect them. Her job is more secure than mine and so her EAD would be too..
Am I wrong?
The real question is whether 2 files is ok with USCIS. Lawyers are giving different opinion on whether u can do it or not.
If u can file 2 sets, then do ead/ap on one.
My priority date is Oct 06 and my wife's will be July 1st. (or so.)
My wife's company is a large multinational and her job is secure. My company is small and not making oodles of money right now.
So I consider my wife's to be solid and slow and mine to be less solid but faster.
I predict that mine will get approved before hers and they'll drop hers. But because I simply do not trust USCIS to process them without a hitch, we're filing twice. Shotgun theory.
Our lawyers seem to concur. If our PDs were the same and our companies were similar, it probably wouldn't be worth filing twice.
My question is regarding the EADs and APs. I believe that I should file through her because they are more "solid" applications. I assume that the EAD/AP will be processed prior to the 485 and priority date does not affect them. Her job is more secure than mine and so her EAD would be too..
Am I wrong?
The real question is whether 2 files is ok with USCIS. Lawyers are giving different opinion on whether u can do it or not.
If u can file 2 sets, then do ead/ap on one.
makeup Mary J. Blige. Keri Hilson
I asked this question several times on all the threads that are discussing the new USCIS data, but no one seems to be answering this, but I think it is important to make sure this wrinkle is sorted out...
When they say inventory of 485 apps.. by any chance does it mean only the 485 that has been pre-adjudicated? I wish that was not the case.. but these numbers are too small to believe otherwise.. I hope one of the doctors in USCIS VB Theory (and I know there are a whole lot of them here on this forum) can sort this doubt quickly by throwing some nice logic.. But I would like to hear that so I am convinced with the quality of thi spread sheet.
When they say inventory of 485 apps.. by any chance does it mean only the 485 that has been pre-adjudicated? I wish that was not the case.. but these numbers are too small to believe otherwise.. I hope one of the doctors in USCIS VB Theory (and I know there are a whole lot of them here on this forum) can sort this doubt quickly by throwing some nice logic.. But I would like to hear that so I am convinced with the quality of thi spread sheet.
girlfriend up with Mary J. Blige,
Do you belong to a state chapter?. If you have not joined a state chapter yet please let us know your residing state and we will direct you to the appropriate state chapter. State Chapter's can provide information related to all EB issues we are working on. Thanks
Thanks! I am in Virginia.
Thanks to needhelp for the reference.
Is it advisable to include a reference to the Ombudsman report in the letter to the President? I am talking about the earlier mentioned reference on page 33 stating that "since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Thanks! I am in Virginia.
Thanks to needhelp for the reference.
Is it advisable to include a reference to the Ombudsman report in the letter to the President? I am talking about the earlier mentioned reference on page 33 stating that "since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
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First: They will ignore you (that's what preciously happened for so many years, no ear eager to listen about the problems of legal immigrants)
Second: They will laugh at you (that's what is taking place. Instead of accepting the mistake and offering an apology, USCIS has only issued a statement about forwarding flowers to Army Medical Center)
Third: They fight with you (I guess that's what they are gonna do in the court)
Fouth: Finally you win.
So stay tuned guys ...... victory is not far away!!
Second: They will laugh at you (that's what is taking place. Instead of accepting the mistake and offering an apology, USCIS has only issued a statement about forwarding flowers to Army Medical Center)
Third: They fight with you (I guess that's what they are gonna do in the court)
Fouth: Finally you win.
So stay tuned guys ...... victory is not far away!!
I am curious to know what USCIS actually does when they adjudicate adjustment of status cases. I know a security/name check is done when they have your fingerprints but what else? Do they use your social security number to look at your credit history or do they contact the IRS for transcripts of your tax returns etc, how do they verify information on your employer etc etc? Does anyone know what procedures/actions USCIS takes when adjudicating cases? Thanks...:confused:
Thanks for the comments...I'll personally come and see you off at the airport when you are ready to leave. I gusess you have your bags packed already.
Just so you know we are not begging for GC we've earned it.
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
Just so you know we are not begging for GC we've earned it.
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
