eb3_nepa
02-12 12:17 PM
Sometimes in your life you make bad decisions. It happened unfortunately, because my PD is June 2004 EB2 and when dates became current last year, I thought it needs to move just 3 months to have my date current and as per DOS release there were only 3400 visas in EB2 for 2004.
Unluckily I chose for CP instead of 485 and now lying in a dark well.
Anyway please don't sympathize, I'll certainly come out of this situation very soon.
That still doesnt explain why you chose CP over normal AOS. PD wise, it would not have mattered either ways. Also if you feel that you are going to come out of this issue soon then why do you want IV to take up this cause anyways? Dont get me wrong i am not trying to be mean here, I am just not sure why you are proposing what you are proposing.
Unluckily I chose for CP instead of 485 and now lying in a dark well.
Anyway please don't sympathize, I'll certainly come out of this situation very soon.
That still doesnt explain why you chose CP over normal AOS. PD wise, it would not have mattered either ways. Also if you feel that you are going to come out of this issue soon then why do you want IV to take up this cause anyways? Dont get me wrong i am not trying to be mean here, I am just not sure why you are proposing what you are proposing.
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NKR
02-13 09:28 AM
NKR, not sure if you heard about this one proverb... "jabh kismath GA***U hai tow kya karey ga PANDU"....we unfortunately get trapped with such type of employers who trouble their employees and learn lessons in hard way and looks like you haven't encountered any such experiences with your employer, if that's the case you are lucky enough & I wish you would NEVER fall into such employers hand who trouble for so many other different reasons....or not sure you should have one small experience and see how you feel just for the heck of it....
I can sit here and add as many proverb's here all day long but the point here is try to be supportive to folks who are seeking for some help rather then sharing your "KATARA" proverb's..grow up man!!
dude, that was not my proverb. I was replying to fearonlygod's post. I had only quoted him. anyways your proverb is funny and appropriate, had a good laugh.
I can sit here and add as many proverb's here all day long but the point here is try to be supportive to folks who are seeking for some help rather then sharing your "KATARA" proverb's..grow up man!!
dude, that was not my proverb. I was replying to fearonlygod's post. I had only quoted him. anyways your proverb is funny and appropriate, had a good laugh.
logiclife
12-13 03:23 PM
Hi,
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Hi, you need lawyer for your first 3 questions. For question 4, you need to ask for copies of 140 petition and 485 petition and labor substitution. If you cannot be strong and ask for it, and take their word, then you will constantly live in doubt and it will be really really bad. Negotiate with them that you will need copies of everything that goes into USCIS and comes out of USCIS and you want your own attorney to handle all that. Otherwise its not worth it. You will put yourself in vulnerable situation without your own attorney doing all the work. If you choose to trust them now, and go along with it(their lawyer, their control), 6 months from now you will be in a worse situation than most of the other guys here who are stuck in 3-4 years of retrogression. Dont ask me how, trust me on this one. I know the tactics and methods of such employers very very very well.
For questions 5, I think its legal for employers to ask employees to pay for USCIS fees and lawyers fee if the employee quits before GC is approved.
Other than that, you will find a lot of hatred from this forum as what you are doing is very much inflaming since you are cutting in line -- legally so -- but still, its cutting in line. So dont be surprised by that.
Good luck and make sure you get your own lawyer(that your are paying to) to do everything about your H1, Labor substituion, GC etc.
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Hi, you need lawyer for your first 3 questions. For question 4, you need to ask for copies of 140 petition and 485 petition and labor substitution. If you cannot be strong and ask for it, and take their word, then you will constantly live in doubt and it will be really really bad. Negotiate with them that you will need copies of everything that goes into USCIS and comes out of USCIS and you want your own attorney to handle all that. Otherwise its not worth it. You will put yourself in vulnerable situation without your own attorney doing all the work. If you choose to trust them now, and go along with it(their lawyer, their control), 6 months from now you will be in a worse situation than most of the other guys here who are stuck in 3-4 years of retrogression. Dont ask me how, trust me on this one. I know the tactics and methods of such employers very very very well.
For questions 5, I think its legal for employers to ask employees to pay for USCIS fees and lawyers fee if the employee quits before GC is approved.
Other than that, you will find a lot of hatred from this forum as what you are doing is very much inflaming since you are cutting in line -- legally so -- but still, its cutting in line. So dont be surprised by that.
Good luck and make sure you get your own lawyer(that your are paying to) to do everything about your H1, Labor substituion, GC etc.
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BharatPremi
05-05 04:25 PM
Gurus,
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
Update: My lawyer just got back to me on this. Since I wanted the interfiling in such a way that I can maintain old PD ( July 2003 based - EB3 filing - 485 filed under this) with new application category EB2 (new application - June 2006 PD), lawyer told me that it is not possible. Once I interfile my new application, end effect will be having my 485 based on EB2- with new priority date (June 2006). So at this moment I have 2 choices...
1) Wait out till July 2003 under EB3-India become current
2) If EB3-India is not moving at all or July 2003 does not become current for EB3 but meanwhile if EB2-India cutoff date crosses June 2006 then file interfiling.
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
Update: My lawyer just got back to me on this. Since I wanted the interfiling in such a way that I can maintain old PD ( July 2003 based - EB3 filing - 485 filed under this) with new application category EB2 (new application - June 2006 PD), lawyer told me that it is not possible. Once I interfile my new application, end effect will be having my 485 based on EB2- with new priority date (June 2006). So at this moment I have 2 choices...
1) Wait out till July 2003 under EB3-India become current
2) If EB3-India is not moving at all or July 2003 does not become current for EB3 but meanwhile if EB2-India cutoff date crosses June 2006 then file interfiling.
more...
asindu
07-14 09:07 PM
Please dont talk BS if you do not even know who i am...i'm a member of this group since the start!!! So you have no right to say stuff you don't even know..i'm really tired of people being selfish and not caring about kids who do age out. Some children need this because they do become illegal, like myslef eventhough we we're legal...it doesnt harm you guys...so please help the dream act effort!!!
kirupa
02-08 08:44 PM
Wow, these have to be the best pixel art designs I have seen created. I voted for soul's because it just simple, angled. I also really liked all the things going on in eilsoe's graphic. If it wasn't for the wall eilsoe (I like cool slanted, twisted things) I would have def voted for your cool graphic. It was more of a tie between both of you guys really =)
Cheers!
Kirupa :eye:
Cheers!
Kirupa :eye:
more...
lucas
07-02 07:52 PM
Medical: $375
Fedex: $100
Photos: $50
Attorney: $1350
Total: $1875
Fedex: $100
Photos: $50
Attorney: $1350
Total: $1875
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Almond
07-17 10:58 AM
For NSC
--------
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] March 26, 2007
Thanks, Laborday! They're on the same time unfortunately:(
--------
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] March 26, 2007
Thanks, Laborday! They're on the same time unfortunately:(
more...
eagerr2i
11-13 01:06 AM
If you are planning on taking action against the attorney for fraud and mis representation, you may want to file a complaint in the bar of the state where your attorney practices. Bar complaints are taken very seriously and if you have proper documentation and are ready for the fight, he could even lose his license and/or penalized by the bar.
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gg_ny
06-19 04:59 PM
Hi SongLan,
sorry if I had missed it before: are you from China on EB3? I am wondering about when your PD became current for you to file? This is to compare with my EB2 receipt date in Aug 2005. Thanks.
sorry if I had missed it before: are you from China on EB3? I am wondering about when your PD became current for you to file? This is to compare with my EB2 receipt date in Aug 2005. Thanks.
more...
franklin
09-21 05:43 PM
Great to have you on board.
I encourage you to join into our state chapter (see my signature for the link). Good to have another NoCaler around :)
I encourage you to join into our state chapter (see my signature for the link). Good to have another NoCaler around :)
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mrajatish
12-28 10:02 PM
Per AC 21, it is soft quota - if you think about it, it is pretty simple.
In EB1, every country has 7% quota. Anything unused in EB1 ROW first goes to EB1 India and China. After that, the remaining number (say 4000) should flow to EB2. In EB2, every country has same 7% quota. Let us say 2000 is left unused. So, in all, 6000 extra visas should flow to anyone in EB2 category based on Pri dates.
In EB1, every country has 7% quota. Anything unused in EB1 ROW first goes to EB1 India and China. After that, the remaining number (say 4000) should flow to EB2. In EB2, every country has same 7% quota. Let us say 2000 is left unused. So, in all, 6000 extra visas should flow to anyone in EB2 category based on Pri dates.
more...
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gumpena
07-02 04:24 PM
Attorney and filing fees taken care by company. For others --
Total approx - $700
Total approx - $700
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tdasara
01-31 01:25 PM
Very helpful if we get to file I485 without PD being current...
REDUCTION IN WEIGHTED AVERAGE
The increase in actual costs to applicants and petitioners will be only 66 percent, however, because applicants for adjustment of status will no longer be required to pay a fee to apply for interim benefits.
Currently, the I-485 fee is $325. The I-485 customer will also file an average of two Applications for Employment Authorization (I-765) and nearly half will file at least one Application for Travel Document (I-131), while an additional 20 percent of applicants will file a second. These additional ‘interim benefits’ applications allow applicants to work or travel while their status application is pending. The combined fee that applicants currently pay is approximately $800. The proposed fee structure will eliminate the need for applicants to have to pay these subsequent fees that result from processing delays. USCIS is proposing a $905 fee for the I-485 form. When considering the interim benefit fees paid by applicants, the increase for the I-485 is $105 instead of $580; therefore, the overall weighted average is reduced to 66 percent because adjustment of status applicants will pay approximately the same fee that is currently assessed when taking into account those associated ‘interim benefits’ that are paid over a multi-year time perio
REDUCTION IN WEIGHTED AVERAGE
The increase in actual costs to applicants and petitioners will be only 66 percent, however, because applicants for adjustment of status will no longer be required to pay a fee to apply for interim benefits.
Currently, the I-485 fee is $325. The I-485 customer will also file an average of two Applications for Employment Authorization (I-765) and nearly half will file at least one Application for Travel Document (I-131), while an additional 20 percent of applicants will file a second. These additional ‘interim benefits’ applications allow applicants to work or travel while their status application is pending. The combined fee that applicants currently pay is approximately $800. The proposed fee structure will eliminate the need for applicants to have to pay these subsequent fees that result from processing delays. USCIS is proposing a $905 fee for the I-485 form. When considering the interim benefit fees paid by applicants, the increase for the I-485 is $105 instead of $580; therefore, the overall weighted average is reduced to 66 percent because adjustment of status applicants will pay approximately the same fee that is currently assessed when taking into account those associated ‘interim benefits’ that are paid over a multi-year time perio
more...
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sanju
02-21 07:40 AM
The first thing to do in call your attorney and ask him to be with you when any uscis or ice guy shows up. Right to an attorney is a basic right. Do not think that u will offend ice officer if u have u'r attorney present. Do not think that u'r charming personality will put u in the good books of ice. If I were u, I would not do anything, without consulting my attorney in such a matter.
Also, keep bank stmts and all recent paystubs handy, along with past exp. Letters and degree/certificates. Copiew of h1 + gc petition/approval would be good to have.
.
I have one week from now for his visit. He gave me his desk number too. So I guess he is still an ICE employee. I did not call him at that number though.
Also, keep bank stmts and all recent paystubs handy, along with past exp. Letters and degree/certificates. Copiew of h1 + gc petition/approval would be good to have.
.
I have one week from now for his visit. He gave me his desk number too. So I guess he is still an ICE employee. I did not call him at that number though.
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ken
09-30 12:04 PM
Thanks Ebizash. Yes I too have soft lud's on my wife AP on 9/25 and 9/28. I sent it to NSC. Yes the same barcode scanning reason was told to me by USPS. I hope that USCIS recieved the documents.
Thanks again for putting some light on this
Thanks again for putting some light on this
more...
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little_willy
08-07 06:06 PM
I hope you are talking to an attorney regarding your situation, do not rely on forum information alone.
AFAIK, H-1 or F-1 for your future wife appears to be the best bet. Good Luck!
AFAIK, H-1 or F-1 for your future wife appears to be the best bet. Good Luck!
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mrajatish
12-28 08:54 PM
This is a pretty serious issue and needs to be looked at carefully - it could mean a significant difference to wait times for Indians and Chinese in EB2 category.
I will speak with my attorneys and try to find out more.
I will speak with my attorneys and try to find out more.
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kaisersose
06-05 02:36 PM
Guys,
It seems every few weeks this discussion of VB predictions come up. Now neither Ron Gotcher nor Murthy nor Matthew Oh (or for that matter even God i think ;) ) can predict what the USCIS cut off dates will be. What is the point in debating whether Ron Gotcher is right or wrong? This is the United States, there is freedom of speech and anyone can say anything especially if it is just a prediction. We can assume a million things here, as to what the VB date should be, but will it be that? No one except the USCIS/DOS can actually confirm that.
Not even CIS, only DOS can make a meaningfule prediction. Last year, CIS had no idea that DOS would make all categories current in the July bulletin. If CIS had any control over that, it would have never happened.
If I remember correctly last year, some 14000 visas were given to India EB3. EB3 includes categories like Nurses, etc. We cannot expect them to login to and keep their status up to date. hence, numbers prove nothing.
It seems every few weeks this discussion of VB predictions come up. Now neither Ron Gotcher nor Murthy nor Matthew Oh (or for that matter even God i think ;) ) can predict what the USCIS cut off dates will be. What is the point in debating whether Ron Gotcher is right or wrong? This is the United States, there is freedom of speech and anyone can say anything especially if it is just a prediction. We can assume a million things here, as to what the VB date should be, but will it be that? No one except the USCIS/DOS can actually confirm that.
Not even CIS, only DOS can make a meaningfule prediction. Last year, CIS had no idea that DOS would make all categories current in the July bulletin. If CIS had any control over that, it would have never happened.
If I remember correctly last year, some 14000 visas were given to India EB3. EB3 includes categories like Nurses, etc. We cannot expect them to login to and keep their status up to date. hence, numbers prove nothing.
jediknight
07-09 10:39 AM
Jon's segment on the law
Video: Latino 911! | The Daily Show | Comedy Central (http://www.thedailyshow.com/watch/thu-july-8-2010/latino-911-?xrs=share_copy)
and Olivia's interview with one of the Bill creators
Video: Arizona's Photo Radar | The Daily Show | Comedy Central (http://www.thedailyshow.com/watch/thu-july-8-2010/arizona-s-photo-radar?xrs=share_copy)
- JK
Video: Latino 911! | The Daily Show | Comedy Central (http://www.thedailyshow.com/watch/thu-july-8-2010/latino-911-?xrs=share_copy)
and Olivia's interview with one of the Bill creators
Video: Arizona's Photo Radar | The Daily Show | Comedy Central (http://www.thedailyshow.com/watch/thu-july-8-2010/arizona-s-photo-radar?xrs=share_copy)
- JK
rockstart
03-17 09:02 AM
What is supplimentry exam? Is it that you did some extra courses after finishing your requisite courses for Bachelors? or are you refering to clearing your backlog subjects ( subjects from previous semesters that you had not cleared?). Where did you get your degree India or US?