No change. Wohi purani kahaani. Old wine in new bottle.
Old wine tastes good. Does this VB tastes good to you?
Old wine tastes good. Does this VB tastes good to you?
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hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
2011 Birthday Wishes To Friend
Few points to add......
Assuming EB1, EB2, EB3 & EB4 demand is same as 2009. This year spill over will be at least extra 7000 visa's.
There are 10,000 overflow from 2009 FB Visa's, assuming that ~30% goes to EB3 remaining 70% goes to EB1, EB2, EB3 and EB4. Which all overflow in to EB2 which eventually allocated to EB2 India & China.
EB2 India assured of additional 6000 visa's (85% of spill over) compared to last year.
The reasons we don't see recession effect on spillover, actually spill over numbers are down for last 2 years are
1> EB1, EB2, EB3 & 4 ROW was always current but due to uscis in-efficiency there were many pending cases in the system which got cleared in 2009.
2> ROW EB3 porting to EB2.
Now 1st point got cleared in 2009 itself, which was indicated by August 2009 inventory list this was 1st inventory report to bring transparency. uscis want to look good so they cleared in efficiencies in 485 due to this spillover numbers in 2009 are less than 2008.
second point is the only negative for spill over numbers.
Clearly there are stats & messages that about 30% less PERM cases filed in 2009 & 2010, so consumption demand in ROW category will be going down.
So we are going to see good thing due to spill over in the current Quarter, we can guess, speculate but we need to wait till next inventory report what was this effect is, most likely this trend will continue at least next year. It is clear that in next 6 months we won't see great expansion of economy & even ROW demand picks up in mid 2011 they will come to visa numbers stage after Sep �2011.
HOPE we are going to have GREAT SPILL OVER DAYS DURING NEXT 15 months; the people who won't get cleared during this time frame have to be helped by reforms only.
Assuming EB1, EB2, EB3 & EB4 demand is same as 2009. This year spill over will be at least extra 7000 visa's.
There are 10,000 overflow from 2009 FB Visa's, assuming that ~30% goes to EB3 remaining 70% goes to EB1, EB2, EB3 and EB4. Which all overflow in to EB2 which eventually allocated to EB2 India & China.
EB2 India assured of additional 6000 visa's (85% of spill over) compared to last year.
The reasons we don't see recession effect on spillover, actually spill over numbers are down for last 2 years are
1> EB1, EB2, EB3 & 4 ROW was always current but due to uscis in-efficiency there were many pending cases in the system which got cleared in 2009.
2> ROW EB3 porting to EB2.
Now 1st point got cleared in 2009 itself, which was indicated by August 2009 inventory list this was 1st inventory report to bring transparency. uscis want to look good so they cleared in efficiencies in 485 due to this spillover numbers in 2009 are less than 2008.
second point is the only negative for spill over numbers.
Clearly there are stats & messages that about 30% less PERM cases filed in 2009 & 2010, so consumption demand in ROW category will be going down.
So we are going to see good thing due to spill over in the current Quarter, we can guess, speculate but we need to wait till next inventory report what was this effect is, most likely this trend will continue at least next year. It is clear that in next 6 months we won't see great expansion of economy & even ROW demand picks up in mid 2011 they will come to visa numbers stage after Sep �2011.
HOPE we are going to have GREAT SPILL OVER DAYS DURING NEXT 15 months; the people who won't get cleared during this time frame have to be helped by reforms only.
The requirement for citizenship or GC is because of the Patriot Act. The banks have had to adopt some of the regulations as part of their process. If the person is neither a citizen or PR then the government reuqires other information to ensure security (not very foolproof as most of the people in the mortgage industry are citizens and do not have much knowledge of the difference between a permanent resident alien and a resident alien. You would be surprised to learn of the kind of rules I ran across in a major bank while architecting the application entry part of the mortgage fulfillment system.
Just to shed some light on the mortgage scenario -
Bank of America approved me for a mortgage yesterday - the rep specifically asked for the Citizen/Perm resident question, I told him that I have a valid work visa - he asked what kind - I said H1B. He looked up my credit histoiry and approved me right there. At the end of our 30 minutes long conversation, I asked him to confirm that H1B is not an issue - he confirmed that it wasn't - as long as I have sufficient funds in my acccount, a good cash flow, and a "very good" credit history.
The subprime mortgage industry is on the brink of collapse - due to all those foreclosures. These institutions have had a pretty relaxed lending schemes - especially for the intereset only and no-down payment ARMs.
Just to shed some light on the mortgage scenario -
Bank of America approved me for a mortgage yesterday - the rep specifically asked for the Citizen/Perm resident question, I told him that I have a valid work visa - he asked what kind - I said H1B. He looked up my credit histoiry and approved me right there. At the end of our 30 minutes long conversation, I asked him to confirm that H1B is not an issue - he confirmed that it wasn't - as long as I have sufficient funds in my acccount, a good cash flow, and a "very good" credit history.
The subprime mortgage industry is on the brink of collapse - due to all those foreclosures. These institutions have had a pretty relaxed lending schemes - especially for the intereset only and no-down payment ARMs.
good post ek_bechara!
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
!
The problem with what you say is that if it happens to you then it is too LATE !!
but I agree we need to wait for verification ....I guess if this is very common or becomes common ..they you will see such reports on lawyers websites saying that this is happening to their clients
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
!
The problem with what you say is that if it happens to you then it is too LATE !!
but I agree we need to wait for verification ....I guess if this is very common or becomes common ..they you will see such reports on lawyers websites saying that this is happening to their clients
Please send a thank you email to the reporter....
Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
This will be a great gesture on IV's part.
Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
This will be a great gesture on IV's part.
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Iam really not worried about NUMBERSUSA. More than that iam worried about senators who believed such a propaganda and opposed the bill.
Iam sure now that america is not safe in the hands of such senators who don't do their due dilligence and just believe into lobbysts.
Shame on such senators.
they are shameless liars and racists
Iam sure now that america is not safe in the hands of such senators who don't do their due dilligence and just believe into lobbysts.
Shame on such senators.
they are shameless liars and racists
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Hi, I think the best decision in current market is to go for GC with L1, following are positive points
Applying GC on L1 is faster than applying with H1.
You have your Job surity in India as well.
Current market u need to run for Jobs, on L1 I feel its cool as there is responsibility of you r company to take care of you.
If they start process now itself , you can get Labour cleared fast and I think u can change company after that. ( I dont know GC process but I got same advice, but I didnt listen).
Reason people go for H1 is to have job with US companies than MNC's who pay more, if u r not really thinking of changing company then its better to be on L1 and apply for GC. Also a lot of fredom to move companies.
Thanks for asking, if I were in your position I will go for L1 company to process GC, Since my company said they wont do it, I took the H1.
Thanks
Vijay
Applying GC on L1 is faster than applying with H1.
You have your Job surity in India as well.
Current market u need to run for Jobs, on L1 I feel its cool as there is responsibility of you r company to take care of you.
If they start process now itself , you can get Labour cleared fast and I think u can change company after that. ( I dont know GC process but I got same advice, but I didnt listen).
Reason people go for H1 is to have job with US companies than MNC's who pay more, if u r not really thinking of changing company then its better to be on L1 and apply for GC. Also a lot of fredom to move companies.
Thanks for asking, if I were in your position I will go for L1 company to process GC, Since my company said they wont do it, I took the H1.
Thanks
Vijay
Probably, Keeping job (at least 6 month to ride wave) is much more important then GC. Smartest people in the world (on wall street) doomed us !!!
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My lawyer is asking for the tax returns for last three years for 485 filing??? I read W2s in the USCIS list but I do not know why he is asking for tax returns?? Any clue.....
USCIS also checks whether you have been paying taxes. W2 alone does not help.
USCIS also checks whether you have been paying taxes. W2 alone does not help.
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We need our messiah VLDRAO...
He s the MANNNN...
he predicted July 2007 fiasco and then he was the guy who fought for us...
VLDRAOOO where are you...
Please make dates current for everybody...
Making dates current for everybody will benefit new members (those could not file in July/Aug 07). For you with Nov 04 PD in EB2, and others waiting with I-485 filed, it will create a chaos. USCIS folks will get green to pick any file at random and issue GC's, then we all be unhappy.
They should move cutoff dates in an orderly manner without retrogressing them in the future. Retrogression pains more than no or little cutoff date movement.
He s the MANNNN...
he predicted July 2007 fiasco and then he was the guy who fought for us...
VLDRAOOO where are you...
Please make dates current for everybody...
Making dates current for everybody will benefit new members (those could not file in July/Aug 07). For you with Nov 04 PD in EB2, and others waiting with I-485 filed, it will create a chaos. USCIS folks will get green to pick any file at random and issue GC's, then we all be unhappy.
They should move cutoff dates in an orderly manner without retrogressing them in the future. Retrogression pains more than no or little cutoff date movement.
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Count me in...
...I will donate minimum $100 for the cause.
...I will donate minimum $100 for the cause.
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YES! We can, we should go to court. But time and again, IV Core (I am not one) has evaluated individual issues and told us that we dont have a strong enough case to justify the money involved. If and only IF we have a strong case, we can get media attention, we should spend the money. Otherwise the money is well spent lobbying. We are talking 50k and more.
Do you know how effort intensive taking USCIS to court is. We are talking about complete dedication of our time and resources. We are talking about 10-15 committed IV members spending a minimum of 15 hours every week researching, doing paper work with the lawyers. Also, we would need volunteers to come forward give interviews, appear in court (if need be), travel and stay out of home.
We have trouble getting members go to their local lawmakers office to petition and lobby. Should we not first prove to IV Core that we can come up with 15 committed members and atleast $10k.
I do not want to discourage anyone in going this route, infact I want us to sue USCIS, BUT before we do that we should all first go and meet our lawmakers. Get some attention to the issue, maybe we submit this letter to their offices while we are there.
Do you know how effort intensive taking USCIS to court is. We are talking about complete dedication of our time and resources. We are talking about 10-15 committed IV members spending a minimum of 15 hours every week researching, doing paper work with the lawyers. Also, we would need volunteers to come forward give interviews, appear in court (if need be), travel and stay out of home.
We have trouble getting members go to their local lawmakers office to petition and lobby. Should we not first prove to IV Core that we can come up with 15 committed members and atleast $10k.
I do not want to discourage anyone in going this route, infact I want us to sue USCIS, BUT before we do that we should all first go and meet our lawmakers. Get some attention to the issue, maybe we submit this letter to their offices while we are there.
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Interesting Article on the revival of the CIR
http://www.usnews.com/usnews/politics/bulletin/bulletin_070613.htm
http://www.usnews.com/usnews/politics/bulletin/bulletin_070613.htm
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Can someone please shed light on this - I was looking for the same information.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
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All,
Do I need to send the following documents for AP renewal?.
1. H1B or H4
2. EAD
Thanks
Do I need to send the following documents for AP renewal?.
1. H1B or H4
2. EAD
Thanks
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I agree with you totally. But the sad part is, Try going the normal straight way & nobody entertains you when the companies hear the word "H4". All the work experience gathered over the years suddenly seems like crap in front of the visa status.
Its frustrating.
Yes. Many of the American companies, the fortune 500 companies would go without a qualified worker for months and months but would not hire H1B because they dont want to deal with keeping track of stuff and all the legal requirements and paperwork and dealing with USCIS and immigration lawyers.
But you have to start somewhere and gain experience and hope that you will have a project somewhere, where you prove to the client (potential employer) that you are a valuable resource, and then they would sponsor you for H1 and then you can quit your desi employer. That is the standard M.O. for most people who are looking for a start. However, in most cases, since desi employers are also the GC sponsors of the primary bread-winner of the family, that opportunity of working for a better employer is passed up by many employees.
Its frustrating.
Yes. Many of the American companies, the fortune 500 companies would go without a qualified worker for months and months but would not hire H1B because they dont want to deal with keeping track of stuff and all the legal requirements and paperwork and dealing with USCIS and immigration lawyers.
But you have to start somewhere and gain experience and hope that you will have a project somewhere, where you prove to the client (potential employer) that you are a valuable resource, and then they would sponsor you for H1 and then you can quit your desi employer. That is the standard M.O. for most people who are looking for a start. However, in most cases, since desi employers are also the GC sponsors of the primary bread-winner of the family, that opportunity of working for a better employer is passed up by many employees.
at the time when the PD becomes current....and u have used AC21 and now work for new employer. how would the USCIS know. Only way for them to know if to ask for a Employment letter(w/Job Duties, salary etc) and if they notice its not the sponsoring empoyer, they will look at it more closely....By the time all this happens you could be into the next month when you PD could have retrogressed back to 1900 again.....so as I see it....unless USCIS approved GC first thing w/o asking for additional info...is the best case scenario....
Total until now: $200
