dixie
08-02 09:05 PM
Hi,
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).
This is just a part of the job description:
- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.
Thanks.
As far as I know, EB2 is advanced degree OR 5+ yrs experience. I have less than 1 yr experience, but my firm is plans on filing my application in EB-2.
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).
This is just a part of the job description:
- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.
Thanks.
As far as I know, EB2 is advanced degree OR 5+ yrs experience. I have less than 1 yr experience, but my firm is plans on filing my application in EB-2.
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vxg
10-31 03:33 PM
Query on Advance Parol. Send Clear Copies of Passports and I 94 Cards.
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
I had the same query for my wife. I sent color copies of passport front and back, latest visa, I-94, DL and EAD all in color. Keep me posted how long it took for you to get approval after you sent the docs.
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
I had the same query for my wife. I sent color copies of passport front and back, latest visa, I-94, DL and EAD all in color. Keep me posted how long it took for you to get approval after you sent the docs.
India76
09-17 01:38 PM
bank_king2003, Thank you for taking time to reply to my questions/concerns. Appreciate it!!
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milind70
08-08 11:43 AM
It was less than year. See answers below..
I think there is a possiblity that they might not cross check you G325A with the consulate becuase DOS purges non immgrant applications whihc are one year old. Since there are so many applications filed by the time they go for this check your data may have been purged ( this is a very high possiblity ) as by the time this request is made it would december or so . As i heard that TSC will issue recipts by Oct End ,beofer cross checking g235A there are many checks and many other processes they need to follow. So this is a possiblity.
I think there is a possiblity that they might not cross check you G325A with the consulate becuase DOS purges non immgrant applications whihc are one year old. Since there are so many applications filed by the time they go for this check your data may have been purged ( this is a very high possiblity ) as by the time this request is made it would december or so . As i heard that TSC will issue recipts by Oct End ,beofer cross checking g235A there are many checks and many other processes they need to follow. So this is a possiblity.
more...
veni001
01-18 05:49 PM
Thanks for the reply
I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
if i get an I40 with EB3 and move to another EB2 employer
It will result in me losing everything except my priority date
but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
in that case I lose everything and need to start from scratch
Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?
-chehuan
Copy of I140 approval notice. You can request this from USCIS using FOIA:)
I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
if i get an I40 with EB3 and move to another EB2 employer
It will result in me losing everything except my priority date
but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
in that case I lose everything and need to start from scratch
Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?
-chehuan
Copy of I140 approval notice. You can request this from USCIS using FOIA:)
kzinjuwadia
05-14 11:38 AM
I made an infopass appt and found out that the case was approved couple of days ago. I hadn't setup the email notification.
more...
reddy_h
03-17 02:11 PM
Hi, continuing the same line of discussion, I have a slightly different question. Assuming the insurance company does not reimburse us for 485 medical exams, then can we atleast seek tax rebate on this expenditure? In other words, are the medical expenses incurred for 485 filing deductible at the time of tax filing?
Only if your total medical expenses for the year cross certain limits. These limits depend on your AGI. Please check IRS.gov website for latest updates.
Only if your total medical expenses for the year cross certain limits. These limits depend on your AGI. Please check IRS.gov website for latest updates.
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logiclife
08-21 06:07 PM
Some people have said that employers will never agree to employee hiring their own lawyers if they are already having a company retained lawyer that they are using for all employees.
While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.
For this, there are 2 solutions:
1. If you are already with this employer:
If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.
You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.
2. If you plan on joining an untrustworthy employer in future:
When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.
While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.
For this, there are 2 solutions:
1. If you are already with this employer:
If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.
You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.
2. If you plan on joining an untrustworthy employer in future:
When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.
more...
EkAurAaya
10-10 05:31 PM
Ahhh I wish i can say After Green Card :)
dude take the job if they are offering you a good deal (opportunity does not knock on your door everyday)... its simple as that, you will be in the same field of work your new employer can back you in case there is a "query"
Dont sulk over 6.5 years - they gained as much as you did in these 6.5 years!
Good luck!
Let us know what you did...
dude take the job if they are offering you a good deal (opportunity does not knock on your door everyday)... its simple as that, you will be in the same field of work your new employer can back you in case there is a "query"
Dont sulk over 6.5 years - they gained as much as you did in these 6.5 years!
Good luck!
Let us know what you did...
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Asian
05-30 02:07 PM
As many of you have experienced, the pace of things here in general is slower than that of our home countries. Working in the project management, I often realize how hard it is to make the other party move faster when it is not involving the interest of the other side.
That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?
Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.
It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.
Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.
If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions (same or similar rule) on AC-21 portability, these will save so many lives from being trapped.
These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.
Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.
That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?
Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.
It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.
Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.
If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions (same or similar rule) on AC-21 portability, these will save so many lives from being trapped.
These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.
Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.
more...
Lasantha
04-11 11:38 AM
I had the same experience on Wednesday. Do not hang up, you will be connected to an IO after a while.
I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
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sudhakar226
10-19 08:20 AM
Hi,
I got my checks cashed yesterday night.
I got 6 receipts. 3 for me and 3 for my wife ( 485/EAD/AP).
Got receipt numbers from back of check starting with SRC.
But when checked in USCIS case status Online it said Case Retreival Failed.
Dont know whats going on.
Hope you should be fine.
Call USCIS as you have receipt numbers now and explain your situation, They will be able to help. Before calling USCIS, check with your attorney.
Good Luck. Jai Mata Di
I got my checks cashed yesterday night.
I got 6 receipts. 3 for me and 3 for my wife ( 485/EAD/AP).
Got receipt numbers from back of check starting with SRC.
But when checked in USCIS case status Online it said Case Retreival Failed.
Dont know whats going on.
Hope you should be fine.
Call USCIS as you have receipt numbers now and explain your situation, They will be able to help. Before calling USCIS, check with your attorney.
Good Luck. Jai Mata Di
more...
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aadimanav
10-19 11:27 PM
Processing Time Upated
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
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Bpositive
01-14 10:11 PM
Appreciate responses...
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drona
08-27 06:01 PM
You can take 1 day off. Leave early morning on Tue to reach the rally. With all the big issues being discussed in Washington every week, we only have a tiny slot. This is our chance to be heard. Join the rally.
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10-24 10:34 AM
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05-13 08:26 PM
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eblues
09-05 11:51 AM
Hi everyone,
I'm quite new here. I hope I'm not doing anything inappropriate by posting in this board, I've tried to use the search function to no avail.
I'm currently in the US as a J-1 exchange visitor (research scholar) to perform research at a university in Missouri. Last year I started training a sport pilot in my country and I would like to keep doing that (or rather restarting from scratch) here in the US. I'm aware of the TSA clearance required for aliens wishing to start flight training and I'm the process of obtaining it; however I've been told by the international office of my university that enrolling in a flight school could be a violation of my immigration status. They are not sure, the TSA refers me to USCIS and they (as contacted by the flight school staff) refer me back to the TSA. I'd like to shed some light on this issue.
I'd also like to make clear that the reason for my being here is completely unrelated to airplanes, flight or flight training -- I'm a computer engineer. Flying is and will continue to be just a hobby, something to do on Saturday afternoons for at most 3-4 hours a week, probably less if I won't have so much money to spend on it. I'm also already quite good at it (~25 hours under my belt) but formally I'll have to start from scratch because previous experience in the category I trained for in my country is not recognized here in the US. I'll also focus on single engine light sport aircraft, exclusively for recreational purposes (no passengers, no nothing). Obviously no matter how the flight training thing will end I'll keep working full-time during weekdays (and some more...) at the university.
Am I trying to do anything illegal or that might make me fall out of status?
Thank you everyone,
Pierluigi
I'm quite new here. I hope I'm not doing anything inappropriate by posting in this board, I've tried to use the search function to no avail.
I'm currently in the US as a J-1 exchange visitor (research scholar) to perform research at a university in Missouri. Last year I started training a sport pilot in my country and I would like to keep doing that (or rather restarting from scratch) here in the US. I'm aware of the TSA clearance required for aliens wishing to start flight training and I'm the process of obtaining it; however I've been told by the international office of my university that enrolling in a flight school could be a violation of my immigration status. They are not sure, the TSA refers me to USCIS and they (as contacted by the flight school staff) refer me back to the TSA. I'd like to shed some light on this issue.
I'd also like to make clear that the reason for my being here is completely unrelated to airplanes, flight or flight training -- I'm a computer engineer. Flying is and will continue to be just a hobby, something to do on Saturday afternoons for at most 3-4 hours a week, probably less if I won't have so much money to spend on it. I'm also already quite good at it (~25 hours under my belt) but formally I'll have to start from scratch because previous experience in the category I trained for in my country is not recognized here in the US. I'll also focus on single engine light sport aircraft, exclusively for recreational purposes (no passengers, no nothing). Obviously no matter how the flight training thing will end I'll keep working full-time during weekdays (and some more...) at the university.
Am I trying to do anything illegal or that might make me fall out of status?
Thank you everyone,
Pierluigi
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gjoe
01-04 09:24 AM
I guess they still send a request to DOS for visa number for that case and they would turn it back saying no visa available. From this point on it is a grey area, it goes into the storage at USCIS. The next attempt for a visa number for your application happens only when USICS visits all the files in their storage again.
All that I have mentioned above are just my guess based on the trends I see at various forums.
hi gjoe,
thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?
All that I have mentioned above are just my guess based on the trends I see at various forums.
hi gjoe,
thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?
gccovet
10-31 12:15 PM
I am planning to shift employers and I have a question:
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
I am sorry, I don't have answer for your question, but the AC21 cases getting denial will certainly effect you as you are planning to use AC21.
Please get the IV action item done whenever you get a chance. This won't take more then 5-10 minutes of your time. Thank you.
check out http://immigrationvoice.org/forum/showthread.php?t=22182
We request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads:
http://immigrationvoice.org/forum/sh...d.php?t=22052;
http://immigrationvoice.org/forum/sh...ad.php?t=21716
GCCovet
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
I am sorry, I don't have answer for your question, but the AC21 cases getting denial will certainly effect you as you are planning to use AC21.
Please get the IV action item done whenever you get a chance. This won't take more then 5-10 minutes of your time. Thank you.
check out http://immigrationvoice.org/forum/showthread.php?t=22182
We request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads:
http://immigrationvoice.org/forum/sh...d.php?t=22052;
http://immigrationvoice.org/forum/sh...ad.php?t=21716
GCCovet
knowDOL
08-15 10:52 AM
I have one advice for you in this retrogression arena. I do not advice you to convert your BEC EB3 to PERM but just wait for it to get approved in EB3. At the same time file PERM application for a different job in EB2 in the same company or a different company it does not matter and get its I140 approved. Once BEC is approved apply for I-140 for that too and then you can port the date of EB3 to EB2 and apply for I485 which will fetch you GC faster. Good Luck.
I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.
I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments
I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.
I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments
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