Monday, June 13, 2011

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  • vegasbaby
    02-19 07:06 PM
    All,

    Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(

    My employment scenario:
    - Been with the current employer since Jan 2001
    - Less than 5 years experience before I joined the current employer
    - Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application

    My GC scenario:
    - Applied for GC in July 2003 under EB3
    - Applied for I-485 in July 2007
    - Approved I140 and EAD in hand
    - Even though I have EAD, I continue to use my H1

    My new role in the job:
    - After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA

    My questions:
    1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?

    2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.

    3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?

    Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,

    Regards,

    I am also in the same boat as you. To ans your questions -

    1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.

    2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.

    3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.





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  • ho_gaya_kaya_?
    11-21 07:32 AM
    I think the job market is going to change a lot- in next few months
    There will be plenty of people waiting for last so many years- who will be out to switch
    and also who are or were not planning to change- will now start thinking now that they have the opportunity...:)

    This will create new job positions as well as make the market very competitive - since there will be many positions

    Nevertheless- I dont think its going to make a significant or any chnage in economy - since this will only initiate a job movement and not new job creation


    So Ladies and Gentelmen- I think we have very intresting few months in front of us

    BTW_ I created a poll- if you are intrested in participating...
    http://immigrationvoice.org/forum/showthread.php?t=15612





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  • Refugee_New
    07-30 11:13 AM
    I think it is time for quick action :):)
    I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)

    At least you have a good problem , rather than rotting in various queues for a decade.

    Don't put "difficult" and "spouse" next to each other. WHY? Its because two different words means the same????





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  • gc_check
    02-21 03:27 PM
    Increasing the H1-B limit without increasing EB-GC quota is going to make our situation much worse. People will soon have to wait for 10 years before getting GCs. :eek:

    Check below article in Times of India
    " Indian IT firms to lobby Bush to increase HI-B quota "

    http://timesofindia.indiatimes.com/articleshow/1423058.cms



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  • go_gc_way
    05-25 10:37 PM
    My sincere , Thanks for your support & help provided to IV.

    YOU ARE GREAT.





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  • gulute
    10-02 02:39 PM
    Did you use an approved labor?

    the RFE was on Ability to Pay



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  • gk_2000
    08-10 03:14 PM
    If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
    1. Increase of Immigrant visa to 290,000.
    2. Master's degree from US in STEM field not counted in any quota.
    3. Master's degree from a foreign country and three years of US experience not counted in any quota.
    4. Family counted as one.
    5. Recapture of visas from previous years

    I hope I am DEAD WRONG. But this seems too good to be true!





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  • pbuckeye
    07-27 02:46 PM
    I submitted all the documents except for the client's letter.


    Can you elaborate on what other documents you submitted to prove that you actually work at the client site? Contract documents? Time sheets? Badge?



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  • vicky007
    10-03 06:49 PM
    We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.

    Isn't it done before LC filing?

    Guru's please answer this query:

    I have been reading that the BEC would give recruitment instructions for pending cases.I have filed at the Philadelphia BEC in Dec 2004 ,the lawyer had advertised before filing, so will re-advertising still be required?? Please clearify its very confusing.





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  • maxy
    04-28 09:43 AM
    this renewal i believe will be with new fees, so will it be extended for 1 yr or 3 yrs ?



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  • la_guy
    01-29 03:22 PM
    does he have the source of this rumour? does vdlrao knows anything about this?





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  • unseenguy
    05-16 03:14 PM
    Choosing Consular processing vs AOS is a very tricky question. Lot of things come into picture:

    A) Job security , stability etc. and current & future job prospects.
    B) Personal situations such as whether EAD / AP benefits are required.
    C) Country of chargeability.

    Marking Consular process on I-140:

    1) Benefit is that you can file I-485 any time the dates become current. Those who are long away from their PDs should consider this option. Because by the time your PD gets current you may also get an appointment in Consulate. It takes 4-6 months after I-140 approval for a case to go to the consulate.

    For those from retrogressed countries, this option is beneficial if you are far away from your PD.

    For those from non retrogressed countries , this is not a good option as you can file I485 immediately and there is no need to travel to home country. Today the I485 processing for non retrogressed country is faster than that of retrogressed country.

    Marking I485 on I-140:

    This option is also beneficial for both non retrogressed and retrogressed countries:

    1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.

    2) You can switch from from this option to consular processing pretty quickly. Most consulates around the world accept Attorney certified I140 approval. Once you file I824, the consulate will accept your "AC I140", and I824 receipt notice. However if you marked consular processing on I140 to start with, the consulate will not accept AC I140 and you will have to wait till it reaches the consulate.

    So this option is beneficial to those who are perennially from retrogressed countries and have seen wide swings in visa bulletin. At opportune times, you can file I485 if the PD is current by using concurrent filing and then you can ask for AC I140 appointment as soon as dates become current.



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  • amitga
    03-17 11:29 AM
    Its SUTAIN Act not STRIVE Act.





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  • immi2006
    08-21 05:49 PM
    1. To be fair to all, Ask all h1b's to gain 2 - 3 years of US experience, before filing for GC. (2 years of Paystub at the minumum and or tax returns).

    If there are pending apps already, at LC or 140 stage, push it on a 2 or 3 year stack and then get the h1b who has applied the GC a preference to start the process. This will ensure the oldest apps gets its merit of preference. Do it across all categories (Eb1, Eb2 , Eb3 )

    This is not too much to ask, also senators and companies - business cannot feel bitter.

    This will make the system slow down on the new applications, it will not jam the existing Que.

    (2) Second Possibility, ask all the new h1 B's who have contributed by way of taxes to US system of an amount of 80,000 USD or higher to be eligible, that way only the cream of strata is not eliminated. For instance if someone earns 125000 then he can submit his app after a year. This will demonstrate the guy is smart and needed here, since companies will not pay 125K for a guy who is not worth.

    (3) H1Bs should apply for GC from their home country and processing is to be based in their home country for the first 2 stages. (This will reduce DOL to focus on the 485 strictly, so it will reduce work load)
    Edit/Delete Message



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  • sss9i
    11-16 01:22 AM
    I will join and I am from Phoenix.





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  • satyasrd
    06-01 09:31 AM
    I agree and believe we can get #3 passed. It will provide relief to thousands like myself who have to struggle to maintain a status.
    I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
    I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !

    Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.

    For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."

    Can IV help pass this request on Advocacy days?



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  • braindrain
    04-17 11:57 AM
    You can apply starting 1 year prior to your expiry and all the details are available in the Indian Embassy websites.

    simple google search would give you all the required details. You can start with the below URL..


    www.indianembassy.org/





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  • Macaca
    02-26 02:14 PM
    Oh Eleanor, I don't even know where to start on this scumbag.

    But I do know how to end it.

    This slumdog needs a solid, old fashioned butt whipping: open to public, health-care-debate-like telecast, take his pants off, bend him over, highest priority to curry with Z-E-R-O U.S. education.





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  • meyshimmi
    02-06 07:48 PM
    Is it me or has there been no posts of recent I-485 denials after using AC21???? If there are, sorry, maybe I haven't seen any lately... If there are none, maybe USCIS has realized their mistake???

    I wonder what happened to the conference call with the Ombudsman...





    GooblyWoobly
    09-25 01:42 PM
    3)Once you got EAD card onhand you can directly go to any nearest SSN office and apply.You should get SSN card with in 15 business days or earlier..

    HTH,

    Just to make sure you don't get confused about Answer 3..... No, there is no time limit within which you must get the SSN. You can apply any time for SSN as long as your EAD is valid. But I see no reason why you should wait. Moreover, if she starts working, she cannot get paid until her SSN comes along.





    singhsa3
    06-01 05:58 PM
    It is illegal. If being paid less than on your H1 LCA



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