eb3stuck
09-22 07:20 PM
Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
I think this is still in USICS control to allow I485 to file even if priority date is not current.
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
I think this is still in USICS control to allow I485 to file even if priority date is not current.
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greenlight
02-18 03:50 PM
Last Up Date
Thanks Lasantha and prinve.
Now how and where do I check LUD?
Thanks Lasantha and prinve.
Now how and where do I check LUD?
dvb
04-21 04:11 PM
Hi Guys,
My experience with driver's license renewal in Ohio with EAD/expired-H1 was a pleasant surprise.
All I said was that I was a green card applicant, showed them my I-485 application receipt, and got a license valid for 4 years.
Smooth. What a surprise.
My experience with driver's license renewal in Ohio with EAD/expired-H1 was a pleasant surprise.
All I said was that I was a green card applicant, showed them my I-485 application receipt, and got a license valid for 4 years.
Smooth. What a surprise.
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eb2_mumbai
09-11 10:27 AM
I can share my experience. I had BE + 3 Yr Exp + MS + 1.5 Yr Exp when I filed for GC. My employer filed the labor that was MS + 0 Yr exp. He said we cannot claim 1.5 Yr post MS since it was in house experience. The experience I gained after BS was not eligible so he said the post would go as MS + 0 . We did attach my experience certificate for work after BS (nothing for work experience in the same company) as supplimental qualification.
I know lots of friends working in expedia who were hired from our graduate school and their labor were all MS + 0 in EB2
I know lots of friends working in expedia who were hired from our graduate school and their labor were all MS + 0 in EB2
more...
Libra
08-03 12:53 PM
What made you think like that? did you find anything wrong in my post? anyway, i still request you to consider any type of contribution towards sept rally.
Thank you for your post:D
You are a jack ass
Thank you for your post:D
You are a jack ass
dollar500
08-06 06:27 AM
Interesting discussion. Sounds logical but you are missing that it was current for a long time in 2002 to 2005.
Although you might be right about the movement.
Although you might be right about the movement.
more...
dollar500
08-06 06:27 AM
Interesting discussion. Sounds logical but you are missing that it was current for a long time in 2002 to 2005.
Although you might be right about the movement.
Although you might be right about the movement.
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makemygc
07-11 10:56 PM
Hi Guys,
Based on some recommendations, I have put together the enclosed pamplet.
I am NOT suggesting that this is the pamplet we should use but it could be a starting point. We need to generate more ideas like this to keep momentum going.
http://www.geocities.com/singhsa3/Ghandhigiri.doc
Take a look at it and make suggestions
Great job singhsa with poem and the template. My suggestion. If you can make a color template with gandhiji at the back in light background and your poem on the top.
Based on some recommendations, I have put together the enclosed pamplet.
I am NOT suggesting that this is the pamplet we should use but it could be a starting point. We need to generate more ideas like this to keep momentum going.
http://www.geocities.com/singhsa3/Ghandhigiri.doc
Take a look at it and make suggestions
Great job singhsa with poem and the template. My suggestion. If you can make a color template with gandhiji at the back in light background and your poem on the top.
more...
chanduv23
03-14 12:07 PM
Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
This trickling effect was already discussed. It is from murthy.com .
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
This trickling effect was already discussed. It is from murthy.com .
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webm
10-23 10:40 AM
There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.
really need to know this based on the market situation.
ASAP if you can and before the termination expected to happen.
User Search in this forum there are lots of threads on the same topic.
really need to know this based on the market situation.
ASAP if you can and before the termination expected to happen.
User Search in this forum there are lots of threads on the same topic.
more...
satya1234
03-29 02:21 PM
Thanks for the Reply.I did send.
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yabadaba
04-07 09:50 AM
This is the question on the N400 (application for citizenship)
"Where have you worked (or, if you were a student, what schools did you attend) during the last five years? Include military service.Begin with your current or latest employer and then list every place you have worked or studied for the last five years. If you need more space, use a separate sheet of paper."
what if a person changes his job immidiately after 485 approval and does not apply for citizenship until 6 years?
"Where have you worked (or, if you were a student, what schools did you attend) during the last five years? Include military service.Begin with your current or latest employer and then list every place you have worked or studied for the last five years. If you need more space, use a separate sheet of paper."
what if a person changes his job immidiately after 485 approval and does not apply for citizenship until 6 years?
more...
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greenguru
03-31 03:26 PM
Yes. I applied for EB2 again in Jan 2009 and ported from EB3 to EB2.
So that is why it took me so long
So that is why it took me so long
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dan19
09-12 01:52 PM
Isn't it done before LC filing?
We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.
We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.
more...
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ArunAntonio
01-03 03:32 PM
I pledge to contribute $40 a month. And more when ever I can.
-- Also guys lets keep the momentum going .. we need more people enrolled and every single one of us opening up their wallets.
-- Also guys lets keep the momentum going .. we need more people enrolled and every single one of us opening up their wallets.
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vin13
01-08 11:10 AM
LostInGC,
Why did you use AP if you had a valid H1-b?
Why did you use AP if you had a valid H1-b?
more...
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raj2007
06-21 03:52 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
You should get RFE but rules are changing all the time. If you are not sure file 2nd I-140 with EB3.
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
You should get RFE but rules are changing all the time. If you are not sure file 2nd I-140 with EB3.
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bipin
03-18 01:33 PM
Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?
when I got the project and during the H1 transfer he cancelled my H1, When I called him, to keep himself from me complaining about those 5 months� pay he assured me to keep the I-140 for my H1 survival (Hopefully till I get another I-140).
But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.
Now I'm mad since I'm stranded, and if possible complain about him.
I need HELP.
You left your EX-EMPLOYER in May 2008 and also transfered your H1B to NEW Company.
So tell me what is remaining beteween you and your ex-empoyer???
So he cancelled your H1B and also your I-140 later.
Also Why you did not work with ex-employer after getting a project? You knew that your I-140 was pending right?
when I got the project and during the H1 transfer he cancelled my H1, When I called him, to keep himself from me complaining about those 5 months� pay he assured me to keep the I-140 for my H1 survival (Hopefully till I get another I-140).
But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.
Now I'm mad since I'm stranded, and if possible complain about him.
I need HELP.
You left your EX-EMPLOYER in May 2008 and also transfered your H1B to NEW Company.
So tell me what is remaining beteween you and your ex-empoyer???
So he cancelled your H1B and also your I-140 later.
Also Why you did not work with ex-employer after getting a project? You knew that your I-140 was pending right?
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casper21
07-29 10:46 AM
Can someone give answer to my question??? Please..................
ppt.b
09-11 10:08 AM
Our checks were cashed on 09/04 and our lawyer has still not received our recipts.However we received FP yesterday by mail and our appointment date is 09/25.
We are waiting for our receipts and EAD.
So expect your FP notices anytime.
My 485 application was filed on July 1st, 2007. Yesterday I received an email from my lawyer indicating that they have received the receipts for 485, 765 & 131 for all the applicants in my family.
I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.
1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:
a) When did you receive the AOS receipts?
b) When did you hear about the fingerprinting and how?
c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.
Thanks,
We are waiting for our receipts and EAD.
So expect your FP notices anytime.
My 485 application was filed on July 1st, 2007. Yesterday I received an email from my lawyer indicating that they have received the receipts for 485, 765 & 131 for all the applicants in my family.
I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.
1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:
a) When did you receive the AOS receipts?
b) When did you hear about the fingerprinting and how?
c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.
Thanks,
chanduv23
10-15 08:02 AM
You are correct Chandu !.
My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!
People resist changes, in general, many people will be under the impression that their employers will listen to them if they tell them about the harmful effects of outsourcing and prove that it does not work, but they don't realise that management does not look at it that way. All these entrepreneurs are capable and smart and they know what they are doing.
One thing people must understand that in the modren day world, if anything is constant, that is "change". Yes, "CHANGE IS CONSTANT" and one has to adapt to changes to survive in this present day world.
Issues arise time to time, and one has to face them and be bold and must do something about it rather than crib about them.
I was layed off in my 6th year of h1b and thought this is the end of world to me. Everyone around me have all sorts of crap advices like, you must be careful with your manager, you must know how to keep your job, you must learn how to butter your bosses so that you keep job when u r in 6th year of h1b etc...... but some gurus, these are folks in immigration.com who are actually in the IV founding team did gave me a lot of encouragement. I started everything new and found out that nothing is impossible if we work towards it with hard work, faith and perserverence - which is exactly what we are trying to tell people here.
Thise who realise what needs to be done here, come forward, those who do not realise, are always resistant. This is the time everyone comes forward and show support.
If you lose your job due to outsourcing, then there is nothing much you can do about it, but to look for a new job and do something about fixing the system
My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!
People resist changes, in general, many people will be under the impression that their employers will listen to them if they tell them about the harmful effects of outsourcing and prove that it does not work, but they don't realise that management does not look at it that way. All these entrepreneurs are capable and smart and they know what they are doing.
One thing people must understand that in the modren day world, if anything is constant, that is "change". Yes, "CHANGE IS CONSTANT" and one has to adapt to changes to survive in this present day world.
Issues arise time to time, and one has to face them and be bold and must do something about it rather than crib about them.
I was layed off in my 6th year of h1b and thought this is the end of world to me. Everyone around me have all sorts of crap advices like, you must be careful with your manager, you must know how to keep your job, you must learn how to butter your bosses so that you keep job when u r in 6th year of h1b etc...... but some gurus, these are folks in immigration.com who are actually in the IV founding team did gave me a lot of encouragement. I started everything new and found out that nothing is impossible if we work towards it with hard work, faith and perserverence - which is exactly what we are trying to tell people here.
Thise who realise what needs to be done here, come forward, those who do not realise, are always resistant. This is the time everyone comes forward and show support.
If you lose your job due to outsourcing, then there is nothing much you can do about it, but to look for a new job and do something about fixing the system
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