gaz
04-20 12:01 PM
it is the job profile that dictates whether the case is eb2 or eb3 - the applicant should meet the criteria for the job. not the other way around.
My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
wallpaper On March 12, 2011 Zach
gveerab
04-12 11:12 AM
Thanks
Veera
Veera
bkr
08-26 02:07 PM
Thank you, I will try this approach.
Go to the Trenton DMV . Take your ORIGINAL receipt and a letter from your employer . They will give you extension for 240 days . I got it done in May 2007.The draft of the employer's letter is as follows
To,
The Motor Vehicle Commission
I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.
I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).
Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).
I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:
Legal & Regulatory Affairs Unit
Motor Vehicle Commission
PO Box 162
Trenton, NJ 08666-0162
Sincerely,
Signature of
individual certifying
the information
Print Name & Title
Go to the Trenton DMV . Take your ORIGINAL receipt and a letter from your employer . They will give you extension for 240 days . I got it done in May 2007.The draft of the employer's letter is as follows
To,
The Motor Vehicle Commission
I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.
I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).
Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).
I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:
Legal & Regulatory Affairs Unit
Motor Vehicle Commission
PO Box 162
Trenton, NJ 08666-0162
Sincerely,
Signature of
individual certifying
the information
Print Name & Title
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gc_mania_03
08-16 06:30 PM
All the way one keeps thinking that you are free to start a business, look for more exciting opportunities, go work in starbacuks...( yeah all that )...once you get a GC..
But, now everyone is talking about again sticking to the sponsoring employer, a green card being revoked while entry...and umpteen scenarios...
So, where does it end..when can one really feel you can flex yourself and do something without worrying about my employment history...
But, now everyone is talking about again sticking to the sponsoring employer, a green card being revoked while entry...and umpteen scenarios...
So, where does it end..when can one really feel you can flex yourself and do something without worrying about my employment history...
more...
freshprince
01-14 12:00 PM
HI,
My wife got her h1 approval in Oct 2007. She hasnt been on any project, nor has she received any stubs. i want her to convert to h4 again as she is pregnant. If she goes to India to get her H4 stamped what docs does she need? will there be any problems?
My wife got her h1 approval in Oct 2007. She hasnt been on any project, nor has she received any stubs. i want her to convert to h4 again as she is pregnant. If she goes to India to get her H4 stamped what docs does she need? will there be any problems?
mrane1
10-27 09:32 PM
I also think TSC online update is out of sync, I received my AP without any update
Happens all the time! Its not just limited to TSC... online update works 70% of the times at best!
Happens all the time! Its not just limited to TSC... online update works 70% of the times at best!
more...
vivekm1309
09-05 03:19 PM
Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
Thanks for sharing this experience, I feel sorry for you that you & your family had to go thru this. I want to check with you what finally conviced the officer to change his initial stand to let you in? This will help us to learn from your experience... Thanks
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
Thanks for sharing this experience, I feel sorry for you that you & your family had to go thru this. I want to check with you what finally conviced the officer to change his initial stand to let you in? This will help us to learn from your experience... Thanks
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sagis99
05-22 11:38 AM
from august 29 to July 28 is moving forward?
never mind.
never mind.
more...
priderock
07-06 02:34 PM
Are they even filing a lawsuit ?? If they are SO READY, where is the big press release saying USCIS SUED !!!!!!! :cool:
Looks like they are preparing. The class action suite requires a lot of preparation.
Looks like they are preparing. The class action suite requires a lot of preparation.
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spouse485
01-14 02:19 PM
Guys, can you clarify my doubts. thanks in advance.
1. I have got H-1B valid from Oct 1st, 2007, but I have not started working yet. I am going to India next month and want to come back using AP (obtined thru my husband's GC process). Will there be any problem at port of entry?
2. What should I tell at POE about my H-1B visa? Do I need show any pay stubs or employment letter?
3. Is it better to revoke my h-1B before I go to India to avoid this confusion ? If so, how do I revoke H-1B
1. I have got H-1B valid from Oct 1st, 2007, but I have not started working yet. I am going to India next month and want to come back using AP (obtined thru my husband's GC process). Will there be any problem at port of entry?
2. What should I tell at POE about my H-1B visa? Do I need show any pay stubs or employment letter?
3. Is it better to revoke my h-1B before I go to India to avoid this confusion ? If so, how do I revoke H-1B
more...
chanduv23
10-04 10:21 PM
Now I am definitely in! :D Haven't still heard back from the travel coordinator but requested the flight to be moved to Saturday. So you will have representation from Louisiana!
Most welcome :) see u there
Most welcome :) see u there
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SGP
12-30 09:53 PM
thats the problem.... I cannot switch to another job as I am in the 7th year of H1B and I-140 approved but did not apply for I-485 yet. friends told me its risky to switch jobs now as I may be out of status.
Boss, I was exactly in same position as yours. You can call it a mirror image. I switched in 9th yr of h1 after being a white collar slave with same employer. I'll suggest before you loose self respect and confidence in your own eyes..... SWITCH.
If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
Boss, I was exactly in same position as yours. You can call it a mirror image. I switched in 9th yr of h1 after being a white collar slave with same employer. I'll suggest before you loose self respect and confidence in your own eyes..... SWITCH.
If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
more...
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Alabaman
04-16 08:18 AM
I signed up for recurring contributions... go IV!!
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webm
05-13 03:46 PM
One interesting point that came out of that recent hearing.
PD movement results in both 485 approvals + new 485 filings. CIS blames backlogs partly due to the policy that allows 485 filing whenever PDs are current. if PD movement results in 5 approvals, it also results in 10 new 485 filings and thus a backlog is built over which they have no control.
So in their opinion, PD movement should only control approvals & 485 filings should be controlled separately. If this happens, there would no backlogs and no one will ask them any questions or drag them to court for hearings!
I agree with you!!:)..
Question is when this can happen..a big Q to uscis..Obviously we know they dont respond it for such proper processing and fair justice..
PD movement results in both 485 approvals + new 485 filings. CIS blames backlogs partly due to the policy that allows 485 filing whenever PDs are current. if PD movement results in 5 approvals, it also results in 10 new 485 filings and thus a backlog is built over which they have no control.
So in their opinion, PD movement should only control approvals & 485 filings should be controlled separately. If this happens, there would no backlogs and no one will ask them any questions or drag them to court for hearings!
I agree with you!!:)..
Question is when this can happen..a big Q to uscis..Obviously we know they dont respond it for such proper processing and fair justice..
more...
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sangmami
06-18 04:29 PM
I am on H1 and my wife on H4. Can she apply for EAD while I do not ( I would prefer to extend my H1) after we both apply for 485?
Thanks
Thanks
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abracadabra102
08-22 02:10 PM
hey aadimanav,
If the legislations dont change - my estimate would be even more than
7 years (come on they already have 500k pending app before this 300k
July2nd boom).
What Franklin said very logical - very realistic !
Thanks,
Diptam
Hi Diptam,
You spoiled Aadimanav's day already :D:D
If the legislations dont change - my estimate would be even more than
7 years (come on they already have 500k pending app before this 300k
July2nd boom).
What Franklin said very logical - very realistic !
Thanks,
Diptam
Hi Diptam,
You spoiled Aadimanav's day already :D:D
more...
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boreal
03-17 09:33 PM
Why the bloody hell are you guys judging him for what he has done? He only asked for some advise regarding immigration implications of his situation.
I do not think any of you who is beating him down like this has any right in doing so. I bet that each and every one of you have done more mistakes than Mr.Sahaayam did. You just were never caught. You must have done more filthy things than 'shop lifting'. I'm sure you have all lusted after women, watched porn, frequented strip clubs and drank a lot of filth. Some of you might have slept with more than one woman.
Don't you think these are more filthy than shoplifting? Guys come on! I would not have any problem if one of you who has never committed any mistakes in life would point out other people's mistakes. But none of you are good enough.
If anyone wants to reply to my post, I would like the first person to do so to be the one who has never committed any mistakes in life so far! Others please get lost.
And you are defending a guy who has committed shop-lifting with this? You should have probably come out with more ammunition than this. Because of ppl like the OP and maybe you, we Indians are getting a really bad rep everywhere. I am sick and tired of defending our community, when ppl like you and the OP defend (or even condone, in the name of an immigration query) such acts with no compunction. Shame on the OP and for defending him, YOU!
OP, please get lost from this forum and from this country. This country is not for criminals like you (there are enough already). I wish you had gotten a stricter sentence than what you got. And those of you that want to defend the OP or the folks that condone such acts, in the name of immigration, dont need to lecture me on taking this stance - just get lost, will ya!
I wish the Admins delete this thread and not encourage such postings!
I do not think any of you who is beating him down like this has any right in doing so. I bet that each and every one of you have done more mistakes than Mr.Sahaayam did. You just were never caught. You must have done more filthy things than 'shop lifting'. I'm sure you have all lusted after women, watched porn, frequented strip clubs and drank a lot of filth. Some of you might have slept with more than one woman.
Don't you think these are more filthy than shoplifting? Guys come on! I would not have any problem if one of you who has never committed any mistakes in life would point out other people's mistakes. But none of you are good enough.
If anyone wants to reply to my post, I would like the first person to do so to be the one who has never committed any mistakes in life so far! Others please get lost.
And you are defending a guy who has committed shop-lifting with this? You should have probably come out with more ammunition than this. Because of ppl like the OP and maybe you, we Indians are getting a really bad rep everywhere. I am sick and tired of defending our community, when ppl like you and the OP defend (or even condone, in the name of an immigration query) such acts with no compunction. Shame on the OP and for defending him, YOU!
OP, please get lost from this forum and from this country. This country is not for criminals like you (there are enough already). I wish you had gotten a stricter sentence than what you got. And those of you that want to defend the OP or the folks that condone such acts, in the name of immigration, dont need to lecture me on taking this stance - just get lost, will ya!
I wish the Admins delete this thread and not encourage such postings!
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chi_shark
10-02 12:01 PM
i am in the 3.a. situation. what does part time mean? can you really be working part time when you are a CEO, CFO, COO, CMO of a company? not that i am raising this questions... I want to continue to be in the 3.a. situation, but can the IO ask these questions? if i make revenue of $20000 (twenty thou) and profit of $2000 a year will that be considered enough for IO to think that my intention is to switch to my company after green card and hence no intention of continuing permanent employment? or is that number higher (or lower)...
I want to become a believer in your 3.a. statement... please let me know what you think.
From what I can gather, from the immigration perspective:
1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible
2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)
3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)
Thoughts?
I want to become a believer in your 3.a. statement... please let me know what you think.
From what I can gather, from the immigration perspective:
1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible
2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)
3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)
Thoughts?
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senthil1
05-28 05:49 PM
It is not the case that when the reduce H1b they need to outsource. Can any statitics tell that last 3 years H1b cap reached but because of that Outsourcing is done or US lost Compettiveness because there is no skilled workers. No evidence proves that. Still US only is having most technology companies.
If US lose 12 million illegals that will cause a problem for employers. But if 50% of H1b people leave the country because of green card issues then same or more number of people will enter by H1 or L1 or b1. That is the reason Skil bill was not able to pass in the Senate based on the fact that some abuses are in H1b. Skill bill can be delayed 5 years but impact will be less for the country. But impact will be more for immigrants. Also now H1b can be extended unlimited number of times when I140 is cleared. So really exodus will be very less compared to incoming persons. So there is no compelling reason for the country to increase gc. But for illegals there is compelling reason to act on them because illegal immigration will go uncontrolled if they leave as it is.
Good point , Yes we need to give our response to it. but neither H1B says its only for INNOVATORS rather it says only SKILLED workers. Not even every PhD is innovator . May be in some circumstances the so said perspective is true but i dont agree with every point.
I work in a comp where mostly they have GC or Citz and in some cases they waited even 2 months + and then decided to take H1b's.
There are no enough Americans who can do the Job if these guys think its H1B and remove H1B every Job will land as an outsourcing . If not h1B many Outsourcing IT firms will find some way to temp bring IT pros and eventually outsource.
The Key point that IV is making is how much taxes we are paying and how good we are making to American economy. If they remove H1B ,then they understand how and what they have lost.
If US lose 12 million illegals that will cause a problem for employers. But if 50% of H1b people leave the country because of green card issues then same or more number of people will enter by H1 or L1 or b1. That is the reason Skil bill was not able to pass in the Senate based on the fact that some abuses are in H1b. Skill bill can be delayed 5 years but impact will be less for the country. But impact will be more for immigrants. Also now H1b can be extended unlimited number of times when I140 is cleared. So really exodus will be very less compared to incoming persons. So there is no compelling reason for the country to increase gc. But for illegals there is compelling reason to act on them because illegal immigration will go uncontrolled if they leave as it is.
Good point , Yes we need to give our response to it. but neither H1B says its only for INNOVATORS rather it says only SKILLED workers. Not even every PhD is innovator . May be in some circumstances the so said perspective is true but i dont agree with every point.
I work in a comp where mostly they have GC or Citz and in some cases they waited even 2 months + and then decided to take H1b's.
There are no enough Americans who can do the Job if these guys think its H1B and remove H1B every Job will land as an outsourcing . If not h1B many Outsourcing IT firms will find some way to temp bring IT pros and eventually outsource.
The Key point that IV is making is how much taxes we are paying and how good we are making to American economy. If they remove H1B ,then they understand how and what they have lost.
krishmunn
04-20 02:14 PM
I did not know unskilled workers can file for greencards in EB3. I think things are getting better and USCIS is now trying to stick to the rules.
You do not know lot of things. I suggest get some education before you jump again in bashing EB3s
You do not know lot of things. I suggest get some education before you jump again in bashing EB3s
aadimanav
07-15 05:41 PM
A big bump with small push. :)
