GCard_Dream
08-13 03:41 PM
I belong to EB2 - ROW which has always been current.
Your Profile pd of Sep 2005 is not current. Asking bcoz my PD is April 2004.
Your Profile pd of Sep 2005 is not current. Asking bcoz my PD is April 2004.
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lostcause2007
05-05 06:05 PM
Could you pls share the number/extension to be called to folow up on this? I assume you are in CA as well? I remember the documents had to be mailed to Sacramento?
I bugged them today, and they said that my case has been processed and I should receive my card in a month
IF ONLY, GC was as simple to acquire! Then people would simply apply on a need basis, and there would be no evil happening on H1's :( -- the more the law tries to interfere, the more the people get screwed
I bugged them today, and they said that my case has been processed and I should receive my card in a month
IF ONLY, GC was as simple to acquire! Then people would simply apply on a need basis, and there would be no evil happening on H1's :( -- the more the law tries to interfere, the more the people get screwed
GCard_Dream
08-13 03:43 PM
I had more than 5 years to experience from the previous company which the current company used as a basis for EB2 and it was successful. There was no problem with my EB2 PERM.
Congratulations! My lawyer recommended against switching to EB2 even though I am in a managerial position and have ample work experience due to the poor economy. He cited that there were many unemployed and it would be difficult to convince through PERM that no qualified candidates were available. Is that what you did or did you obtain your masters?
Congratulations! My lawyer recommended against switching to EB2 even though I am in a managerial position and have ample work experience due to the poor economy. He cited that there were many unemployed and it would be difficult to convince through PERM that no qualified candidates were available. Is that what you did or did you obtain your masters?
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GCard_Dream
10-17 03:05 PM
I spoke with my lawyer about this as well and her response was that DOL, in rare instances, does allow for you to file in EB2 using the experience gained with the same employer so long as your new position and responsibility is significantly different from the old one. However, she indicated that USCIS hasn�t issued any guidance on this particular situation and hence I-140 might ultimately get rejected, which probably means that she hasn�t dealt with the situation before.
Now the question is:
1. Does anyone know if USCIS has issued any guidance on this matter lately or ever?
2. Is there anyone here who has successfully used the experience with the same company to qualify for a certain EB category and has gotten the I-140 approved?
3. If you already have another I-140 approved under EB3, would that still remain valid even if the 2nd I-140 under EB2 is rejected?
If anyone can help us with these question, it would be greatly appreciated.
My details
Me and my friends clarified same with rajeev khanna
They are still working in same company. They applied EB2 labor in Perm and their labor got approved. Applied for I-140 and awaiting for approval.
I am planning to apply EB2 labor in perm next month.
Now the question is:
1. Does anyone know if USCIS has issued any guidance on this matter lately or ever?
2. Is there anyone here who has successfully used the experience with the same company to qualify for a certain EB category and has gotten the I-140 approved?
3. If you already have another I-140 approved under EB3, would that still remain valid even if the 2nd I-140 under EB2 is rejected?
If anyone can help us with these question, it would be greatly appreciated.
My details
Me and my friends clarified same with rajeev khanna
They are still working in same company. They applied EB2 labor in Perm and their labor got approved. Applied for I-140 and awaiting for approval.
I am planning to apply EB2 labor in perm next month.
more...
nj_jcarter
05-07 11:14 PM
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seekerofpeace
03-19 11:51 AM
This is the exact RFE that I am fearful of....
Being laid of from job 2 months back and unable to find another job (with all the strings and labor conditions attached)....and my company had revoked my H1-B (I-140 is still valid)....I am expecting a similar RFE soon ....needless to say that I'd be doomed if I receive one and no one has an answer to that after waiting this long for the elusive card only to go back becoz of the recession.
What a pity...
SoP
Being laid of from job 2 months back and unable to find another job (with all the strings and labor conditions attached)....and my company had revoked my H1-B (I-140 is still valid)....I am expecting a similar RFE soon ....needless to say that I'd be doomed if I receive one and no one has an answer to that after waiting this long for the elusive card only to go back becoz of the recession.
What a pity...
SoP
more...
panky72
10-29 11:19 PM
Paper filed (receipt date): July 10th
Status: Pending so far
AP filed on july 10th in NSC (paper file), no approval even after 90 days. Anybody in similar situation??
Status: Pending so far
AP filed on july 10th in NSC (paper file), no approval even after 90 days. Anybody in similar situation??
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gbof
12-26 11:25 AM
I have a similar question. If somebody can reply, that would be a great help. I am currently on H1 and wife and son on H4. My H1 will expire soon and I plan to go on EAD. Will my wife and son also have to go on EAD ? My son is minor and wife does not work.
Your wife and son will be in AOS even if you donot extend their H4 or apply for EAD.
It is your choice whether to extend H4 or apply for EAD just incase she/he want to start work in future.
Your wife and son will be in AOS even if you donot extend their H4 or apply for EAD.
It is your choice whether to extend H4 or apply for EAD just incase she/he want to start work in future.
more...
rbms
02-24 08:48 AM
I am in. Please send me the details.
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Hassan11
06-06 03:28 PM
Thank you kaisersose for your quick reply.
I have 1 more question: I am currently working on ead and it is gonna expire on 9/11/08. should go ahead and file for an ead renewal or just wait for uscis to make a decision on my 485 application??
Thanks again
People have seen approvalas as early as 11 days after the RFE response reached CIS. Their suggested limit is 60 days before which they have to make a decision.
If there is no visa number at the time they have to assign one to your case, then it will be set aside. It is not very clear when they actually assign the number.
I have 1 more question: I am currently working on ead and it is gonna expire on 9/11/08. should go ahead and file for an ead renewal or just wait for uscis to make a decision on my 485 application??
Thanks again
People have seen approvalas as early as 11 days after the RFE response reached CIS. Their suggested limit is 60 days before which they have to make a decision.
If there is no visa number at the time they have to assign one to your case, then it will be set aside. It is not very clear when they actually assign the number.
more...
krishmunn
03-07 09:26 AM
I have my 140 approved with PD as June 2007.
I talked to couple of other companies and they said I can retain my PD . I am trying to find a project. I am a DBA with over 9 yrs experience but getting project on H1 is getting tougher. I still not have completed 6 yrs of H1B and my visa is valid still July 2012 (Extension).
Can my employer cancel my 140 ? Do I have to loose my PD ? I got my 140 in 2007 it self.
You retain your PD even if your employer cancel your 140. PD is retained unless 140 is revoked for fraud.
You should try for new job ASAP. When your new H1 is applied, the employer should ask for 3 year extension based on approved 140. After that, even if the 140 is cancelled by employer, you have nothing to loss.
I wonder why these employers are too eager to cancel 140 !
I talked to couple of other companies and they said I can retain my PD . I am trying to find a project. I am a DBA with over 9 yrs experience but getting project on H1 is getting tougher. I still not have completed 6 yrs of H1B and my visa is valid still July 2012 (Extension).
Can my employer cancel my 140 ? Do I have to loose my PD ? I got my 140 in 2007 it self.
You retain your PD even if your employer cancel your 140. PD is retained unless 140 is revoked for fraud.
You should try for new job ASAP. When your new H1 is applied, the employer should ask for 3 year extension based on approved 140. After that, even if the 140 is cancelled by employer, you have nothing to loss.
I wonder why these employers are too eager to cancel 140 !
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arrarrgee
05-30 09:22 AM
The Legal Visa Crunch
May 30, 2007; Page A18
The Senate immigration bill continues to take lumps from all political sides, with some criticisms more deserving than others. The vote last week to halve the size of a guest-worker program for low-skilled workers is a big step in the wrong direction; skimping on visas will only lead to more illicit border crossings. But the bill's handling of high-skilled immigration is even more troubling: The proposed changes are worse than current law.
Ostensibly, the goal here is to move immigration policy away from a system based on family connections and toward one based on skills. The Senate measure calls for a "merit" system that awards points to would-be immigrants based on their education and work experience. But employers who recruit foreign professionals -- and aren't too keen on Uncle Sam taking over those duties -- are balking at the proposal on grounds that it will introduce all sorts of inefficiencies to their hiring.
U.S. businesses aren't looking for skilled workers in general; they're looking for people with specific skills. And in the high-tech industry especially, where the demand for new products and services is constantly changing, employers need the flexibility to fill critical positions as quickly as possible. The last thing Hewlett-Packard or Texas Instruments need is uncertainty about whether the workers they want to hire will pass some bureaucratic point test. If the Senate wants the U.S. to keep attracting the world's best and brightest, this bill is an odd way of showing it.
Last month the supply of H-1B temporary visas for foreign professionals not only ran out in one day, but did so six months before the October start of the 2008 fiscal year. It's the fourth straight year that companies have exhausted the supply before the start of the year, which is a clear market signal that the cap should be raised, if not removed.
The Senate bill would increase the supply of H-1B's by 50,000 to 115,000 and put in place a market-based escalator that couldn't exceed 180,000. That's an improvement, but it will still leave too many firms in the lurch. The Bureau of Labor Statistics projects growth of about 100,000 jobs per year in computer and math science occupations between 2004 and 2014.
Worse, the visa increase is combined with other provisions that seem designed to make employing foreign professionals both costly and cumbersome. Larger companies can probably live with the proposed increase in the fee for each H-1B visa hire (and renewal) to $5,000 from $1,500. But companies would also be forced to prove for the year surrounding the hiring of a foreigner -- six months before and six months after -- that a U.S. worker has not been displaced. This requirement is so burdensome that under current law it's used to punish companies that have been caught violating program rules. The Senate bill would needlessly apply it to everyone.
"The H-1B program is already costly, and all things being equal there's already a heavy incentive to hire Americans," says Robert Hoffman, Oracle's vice president of government and public affairs. "But there comes a point where the program is so costly that we have to decide if it's better to move this work offshore. And that's something that can't be in our overall national interests."
It's obvious that the immigration bill was written with the fate of 12 million illegal aliens foremost in mind. But we hope Congress is mindful that foreign professionals also fill important niches in the U.S. labor market that help keep American companies competitive and jobs stateside.
Immigration policies should acknowledge that the U.S. is not producing enough home-grown computer scientists, mathematicians and engineers to fill our labor needs. Last year, U.S. universities awarded more than half of their master's degrees and 71% of their Ph.D.s in electrical engineering to foreign nationals. It's foolhardy to educate these individuals and then effectively expel them so that they can put their human capital to work for U.S. competitors. There's no shortage of countries that would be thrilled to benefit from a U.S. brain drain.
The best way to keep that from happening is by raising the quotas for employment-based visas and green cards to realistic levels consistent with market demand, and by allowing U.S. firms to make their own decisions about which workers are best suited to fill their labor needs.
May 30, 2007; Page A18
The Senate immigration bill continues to take lumps from all political sides, with some criticisms more deserving than others. The vote last week to halve the size of a guest-worker program for low-skilled workers is a big step in the wrong direction; skimping on visas will only lead to more illicit border crossings. But the bill's handling of high-skilled immigration is even more troubling: The proposed changes are worse than current law.
Ostensibly, the goal here is to move immigration policy away from a system based on family connections and toward one based on skills. The Senate measure calls for a "merit" system that awards points to would-be immigrants based on their education and work experience. But employers who recruit foreign professionals -- and aren't too keen on Uncle Sam taking over those duties -- are balking at the proposal on grounds that it will introduce all sorts of inefficiencies to their hiring.
U.S. businesses aren't looking for skilled workers in general; they're looking for people with specific skills. And in the high-tech industry especially, where the demand for new products and services is constantly changing, employers need the flexibility to fill critical positions as quickly as possible. The last thing Hewlett-Packard or Texas Instruments need is uncertainty about whether the workers they want to hire will pass some bureaucratic point test. If the Senate wants the U.S. to keep attracting the world's best and brightest, this bill is an odd way of showing it.
Last month the supply of H-1B temporary visas for foreign professionals not only ran out in one day, but did so six months before the October start of the 2008 fiscal year. It's the fourth straight year that companies have exhausted the supply before the start of the year, which is a clear market signal that the cap should be raised, if not removed.
The Senate bill would increase the supply of H-1B's by 50,000 to 115,000 and put in place a market-based escalator that couldn't exceed 180,000. That's an improvement, but it will still leave too many firms in the lurch. The Bureau of Labor Statistics projects growth of about 100,000 jobs per year in computer and math science occupations between 2004 and 2014.
Worse, the visa increase is combined with other provisions that seem designed to make employing foreign professionals both costly and cumbersome. Larger companies can probably live with the proposed increase in the fee for each H-1B visa hire (and renewal) to $5,000 from $1,500. But companies would also be forced to prove for the year surrounding the hiring of a foreigner -- six months before and six months after -- that a U.S. worker has not been displaced. This requirement is so burdensome that under current law it's used to punish companies that have been caught violating program rules. The Senate bill would needlessly apply it to everyone.
"The H-1B program is already costly, and all things being equal there's already a heavy incentive to hire Americans," says Robert Hoffman, Oracle's vice president of government and public affairs. "But there comes a point where the program is so costly that we have to decide if it's better to move this work offshore. And that's something that can't be in our overall national interests."
It's obvious that the immigration bill was written with the fate of 12 million illegal aliens foremost in mind. But we hope Congress is mindful that foreign professionals also fill important niches in the U.S. labor market that help keep American companies competitive and jobs stateside.
Immigration policies should acknowledge that the U.S. is not producing enough home-grown computer scientists, mathematicians and engineers to fill our labor needs. Last year, U.S. universities awarded more than half of their master's degrees and 71% of their Ph.D.s in electrical engineering to foreign nationals. It's foolhardy to educate these individuals and then effectively expel them so that they can put their human capital to work for U.S. competitors. There's no shortage of countries that would be thrilled to benefit from a U.S. brain drain.
The best way to keep that from happening is by raising the quotas for employment-based visas and green cards to realistic levels consistent with market demand, and by allowing U.S. firms to make their own decisions about which workers are best suited to fill their labor needs.
more...
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chintu25
03-25 11:43 AM
be careful with how you use your W2. That is a sensitive document containing a lot of information. Pls think of something more sensible than asking people to send their W2 forms. There could be other ways to communicate the tax contribution (if that is what you intend) of legal immigrants. Also, please note that even if you are not given a GC, the IRS will still recieve your tax, right? they already know that we pay tax (actually not pay... its collected before we get our pay). Now they are trying desperately to find out legal immigrants who are not being paid and cancel their visas.
Thomas ....hmm More sensible like sending calculators, Pizza Yeah makes sense there ....Make them fatter and lethargic so they sleep more than they already do .
W2 might be radical step ....but that is what will get the media's attention ...not Pizza and Calculators ..
W2 is sensitive .....true .......but tell me how can your W2 be misused ? If you have yr ssn on it you can blank that out .....(If you think that USCIS will "misuse" it )
Thomas ....hmm More sensible like sending calculators, Pizza Yeah makes sense there ....Make them fatter and lethargic so they sleep more than they already do .
W2 might be radical step ....but that is what will get the media's attention ...not Pizza and Calculators ..
W2 is sensitive .....true .......but tell me how can your W2 be misused ? If you have yr ssn on it you can blank that out .....(If you think that USCIS will "misuse" it )
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psaxena
11-16 01:05 PM
Everyone needs GC and Citizenship but also no one wants to volunteer or donate the IV to help them moving. Nothing is free in this world, we should all start donating atleast $25 to IV which is nothing for anyone here. Guys lets start doing it and show our support rather just adding threads.
come on guys we can TOGETHER MAKE THIS HAPPEN
I understand your views. But CIR is being proposed by a major community group whereas we legal limbo group are a minority. Talking against CIR will only crunch our position. Perhaps we can start our fight alongside to make sure that they add value pieces in CIR for us legal liners left in limbo !!!
Given a green for you here.
come on guys we can TOGETHER MAKE THIS HAPPEN
I understand your views. But CIR is being proposed by a major community group whereas we legal limbo group are a minority. Talking against CIR will only crunch our position. Perhaps we can start our fight alongside to make sure that they add value pieces in CIR for us legal liners left in limbo !!!
Given a green for you here.
more...
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07-23 11:52 AM
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485_spouse
10-20 03:54 PM
I have 8 years of total exp. in IT. First 2 years in India and last 6 years in USA (Same company). I have an Eb3 140 approved and 485 filled with the company. I had only 4 years of exp when I filled my labor.
Now can I file a new EB2 perm with same company with my exp.?
Thanks in advance.
Achit
Just had a chat with company attorney
As per him
//-------------
1. File a new Perm for EB2 ,Should not be a problem with perm as I have
'12 Years of school + 4 Year College (BE) + 8 years of exp.'
(new position should be very different from old position)
2. File a new 140(EB2) after perm approval
3. After 140(EB2) approval ask USCIS to change PD/Classification on
my I-485 application to EB2
4. (Backup) Keep extending your H1/Spouse can work on EAD without
any impact on H1
5. USCIS might ask the reason for having 2 different I-140 for same person.
As both jobs are for future requirements. Commonsense says you won�t hold a person for both EB3/EB2 position. This is not a law/there are no guidelines from USCIS on this point.
Apart from point 5 I do not see any issue with this approach.
Do you see any problem with this?
Thanks in advance.
Achit
Now can I file a new EB2 perm with same company with my exp.?
Thanks in advance.
Achit
Just had a chat with company attorney
As per him
//-------------
1. File a new Perm for EB2 ,Should not be a problem with perm as I have
'12 Years of school + 4 Year College (BE) + 8 years of exp.'
(new position should be very different from old position)
2. File a new 140(EB2) after perm approval
3. After 140(EB2) approval ask USCIS to change PD/Classification on
my I-485 application to EB2
4. (Backup) Keep extending your H1/Spouse can work on EAD without
any impact on H1
5. USCIS might ask the reason for having 2 different I-140 for same person.
As both jobs are for future requirements. Commonsense says you won�t hold a person for both EB3/EB2 position. This is not a law/there are no guidelines from USCIS on this point.
Apart from point 5 I do not see any issue with this approach.
Do you see any problem with this?
Thanks in advance.
Achit
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bestin
02-14 06:05 PM
Great Job Vivek,Srini , Mark and sundar .Proud to be IVian
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pappu
11-03 11:22 AM
Pappu, may be you can make this an ACTION ALERT for the forum members.
Folks consider this doing asap, this I believe is THE MOST IMPORTANT thing to do NOW.
this tool is an action alert on
http://immigrationvoice.org/index.php?option=com_content&task=view&id=69
however we have got very lukewarm response till now. We need to really focus on this. Strength is in numbers and in order for something to happen for all of us, we need to ensure we have all the muscle we need. This is an important task in which we all need to participate. It doesnt even cost you any money. just few minutes of your time is all you need to contribute!!
Folks consider this doing asap, this I believe is THE MOST IMPORTANT thing to do NOW.
this tool is an action alert on
http://immigrationvoice.org/index.php?option=com_content&task=view&id=69
however we have got very lukewarm response till now. We need to really focus on this. Strength is in numbers and in order for something to happen for all of us, we need to ensure we have all the muscle we need. This is an important task in which we all need to participate. It doesnt even cost you any money. just few minutes of your time is all you need to contribute!!
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Raji
07-09 12:01 AM
I support this. Can IV Core provide some input and insight into this idea and also the recent memo that emerged on on AoS.
Thanks!!
Raji
Thanks!!
Raji
furiouspride
08-08 12:10 AM
see my answer in the EB3->EB2 thread. what is it about the fortune 500 that you are so hung up on? :D you need to go with the option that might potentially be high risk in the future. dont mess with immigration coz you never know how things might change tomorrow. you can pick and choose a better prospect in your career any time.
fide_champ
09-16 12:09 PM
I have received a very good job offer and am considering whether to accept it. The salary offered is 15% more than what I am currently making with much better overall benefits. I will have to relocate to a different state. My GC has not been approved yet and I'll be using AC21. The new job is in the same area as my current job. Both my current employer and the new employer are Fortune 100 firms.
I am in a dilemma because my PD is EB2 India Feb 02, 2005. It seems to be very close to being current right now :o .. My I140 was approved in Nov 2007 and I485 was filed in Aug 2007. I think that my current employer might revoke the I140 if I decide to leave.
Let me know your thoughts.
If i were in your position, i would wait for my green card as it is very close. You don't want to go through the hassles of MTR just in case your I485 gets denied. Get your GC and your opportunities might be greater than what you have now. Don't be stupid enough to get into problems.
I am in a dilemma because my PD is EB2 India Feb 02, 2005. It seems to be very close to being current right now :o .. My I140 was approved in Nov 2007 and I485 was filed in Aug 2007. I think that my current employer might revoke the I140 if I decide to leave.
Let me know your thoughts.
If i were in your position, i would wait for my green card as it is very close. You don't want to go through the hassles of MTR just in case your I485 gets denied. Get your GC and your opportunities might be greater than what you have now. Don't be stupid enough to get into problems.