bskrishna
05-21 01:02 PM
TSC I-765 for pending I-485 adjustment application is 'Feb 15th 2008'...last month it had 'Jan 29th 2008'...only moved 16 days...it is really weird...how much time they take to process may applications...mine will be expired on Aug 16th 2008...i am scared now..i am working on EAD.
cant you get an interim EAD after 90 days...
cant you get an interim EAD after 90 days...
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asp
04-26 05:04 PM
Great job guys! Keep up the good work. The article has given much needed exposure to the problems of Employment Based Green Card Process and the plight of skilled workers from India and China. I am really happy that ImmigrationVoice has taken this endenvor and are pursuing it so professionally. I am going ahead and contributing $200 for the efforts.
All the Best
asp
All the Best
asp
eager_immi
07-18 03:53 PM
It is better to make two trips and do a civil wedding i know it is expensive imagine if she has a work permit u can make up for the cost in no time else she will not be able to work for many many years.
I am in a similar situation getting married in Sep07 and returning with my wife at end of Sep'07. It is little scary, as some say it might be risky not to apply along with the spouse.
Should I go ahead and apply for I485, EAD and AP all three at the same time now, or to apply just for I485?
I am not sure what advantage would be applying now, as I have to wait until the dates become current again, and I will not be able to use my EAD to maintain my wife's H-4 status.
PD: Sep2006
I-140: Approved 06/2007
Thanks
I am in a similar situation getting married in Sep07 and returning with my wife at end of Sep'07. It is little scary, as some say it might be risky not to apply along with the spouse.
Should I go ahead and apply for I485, EAD and AP all three at the same time now, or to apply just for I485?
I am not sure what advantage would be applying now, as I have to wait until the dates become current again, and I will not be able to use my EAD to maintain my wife's H-4 status.
PD: Sep2006
I-140: Approved 06/2007
Thanks
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Leo07
09-23 08:02 PM
We Can Blame All We Want After We Are Sure That We Have Done Everything We Possible Could....
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Jitamitra
07-19 04:16 PM
I think most important things you need to consider: (Considering the fact that PD will be pushed back to stone ages in September Bulletin)
a) Hope that your I-485 Application is not approved before your PD becomes current. If this happens, it's a royal screw up until your wife keep's her own status (F1, H1).
b) Earlier, it was predicatable when your PD would become current and it allowed most of the folks to add their spouses at later time.
c) Bigger question is whether they would process on the basis of PD or RD. I think it's unfair to do it on basis of RD as most of the people would be jumping lines. Currently it's done on the basis of RD, but USCIS might change their SOP because of this July VB Fiasco.
d) As others suggested, make sure to maintain your H1B status as long as possible without invoking your EAD. This way, you can continue to keep your wife on H4 status (Unless she can keep her own status for atleast another 2-3 years).
I am in the same boat with EB-2 PD of Aug 2005. My spouse is outside US to get her F1-H1B stamping as her OPT Expired few weeks back.
Hope, USCIS would allow filing for dependents at a later stage even your PD is not current. :confused:
a) Hope that your I-485 Application is not approved before your PD becomes current. If this happens, it's a royal screw up until your wife keep's her own status (F1, H1).
b) Earlier, it was predicatable when your PD would become current and it allowed most of the folks to add their spouses at later time.
c) Bigger question is whether they would process on the basis of PD or RD. I think it's unfair to do it on basis of RD as most of the people would be jumping lines. Currently it's done on the basis of RD, but USCIS might change their SOP because of this July VB Fiasco.
d) As others suggested, make sure to maintain your H1B status as long as possible without invoking your EAD. This way, you can continue to keep your wife on H4 status (Unless she can keep her own status for atleast another 2-3 years).
I am in the same boat with EB-2 PD of Aug 2005. My spouse is outside US to get her F1-H1B stamping as her OPT Expired few weeks back.
Hope, USCIS would allow filing for dependents at a later stage even your PD is not current. :confused:
roseball
02-12 02:05 AM
**************
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
more...
confu
10-06 11:11 AM
I second this. It will take 1 more year for USCIS just to come out of 2001 for EB3 I unless 5882 passes!
I kind of agree with you. Hope USCIS starts moving faster on applications at-least after that 1 year time frame.
I kind of agree with you. Hope USCIS starts moving faster on applications at-least after that 1 year time frame.
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jnagendra
09-23 01:14 PM
http://judiciary.house.gov/hearings/calendar.html
The calendar says 1:00 PM EST.
The bill is to recapture 550,000 visas, Can we findout how many are EB based and how many are FB Based.
The calendar says 1:00 PM EST.
The bill is to recapture 550,000 visas, Can we findout how many are EB based and how many are FB Based.
more...
thankgod
06-03 12:20 PM
Ronhia, I appreciate your comments. It needs conviction, dedication and consistent efforts to make such accomplishments. Moreover it also demonstrates the character of a person, who can motivate and inspire other kids in a positive way.. especially in an environment full of negative distractions.
If spelling bee competition is considered merely as just cramming the dictionary, as you rightly said we need to really spend some time looking beyond your own shell.
When you open a magazine, for sure, you tend to come across pages that may not be of interest to you. We skip the page and move on rather whining with words (yucky, stupid, senseless) that are inappropriate.
"Winning a national competition is not so great"... again it depends on what is so great to you !!!..
Cool baby cool.....
You dont know english. Follow the complete thread and what we are talking here about.
You guys go to a media portal and do all your appreciation there.
Why do you bark here. This is meant for immigration purpose.
Between loooks like you took the the help of word for spellings in your post.
Thanks to Microsoft for making such a great tool.
Happy Barking.
If spelling bee competition is considered merely as just cramming the dictionary, as you rightly said we need to really spend some time looking beyond your own shell.
When you open a magazine, for sure, you tend to come across pages that may not be of interest to you. We skip the page and move on rather whining with words (yucky, stupid, senseless) that are inappropriate.
"Winning a national competition is not so great"... again it depends on what is so great to you !!!..
Cool baby cool.....
You dont know english. Follow the complete thread and what we are talking here about.
You guys go to a media portal and do all your appreciation there.
Why do you bark here. This is meant for immigration purpose.
Between loooks like you took the the help of word for spellings in your post.
Thanks to Microsoft for making such a great tool.
Happy Barking.
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logiclife
07-09 01:07 PM
Would you please elaborate if the flower campaign has hit any mainstream media like CNN, Fox etc?? Or just the TOI and other small covers? I just want to know how famous this has become.. Thanks.
I wouldnt make such a big request just for attention from TOI. Please trust me we will get attention if we manage to send a few hundred flowers. I am not exaggerating. And I am talking about bigger US media outlets. And I am also not speculating. I am 100% sure. Please send the flowers as per these directions from IV core. (http://immigrationvoice.org/forum/showthread.php?t=6191).
Thanks.
I wouldnt make such a big request just for attention from TOI. Please trust me we will get attention if we manage to send a few hundred flowers. I am not exaggerating. And I am talking about bigger US media outlets. And I am also not speculating. I am 100% sure. Please send the flowers as per these directions from IV core. (http://immigrationvoice.org/forum/showthread.php?t=6191).
Thanks.
more...
longwait4gc
02-24 07:41 PM
i was thinking...
500000 legal immigrants, even if u assume 4 per family , ONLY 125000 houses can be sold...(even if 50% qualify for a loan.. thats just 62500 houses sold.. last i read..there were millions of homes for sale)
if the average cost of the house is 250000, thats additional 31.25 Billion $ in credit borrowing... where is the money?
I agree with you that this is not big enough to stop the entire crisis. But look at the cities where there are lot of immigrants. I can give you one example where it could make huge impact.
Seattle (King County) home of Microsoft has a housing inventory of 8600 single family homes around 1200 condos. It takes 10 months to clear up the inventory.
Microsoft applied around 2K new H1B last year. So my guess is it might have applied around 8k in last 4 years. Lets assume 60% of those didn't GC's. So around 5k people waiting in the line. Lets say out of which 4K didn't buy a house and are willing to buy a house. So 4K new buyers in a market which has 10K units. If every one buys house in next few months then the months of supply will become 6.
There lot of other companies located in this area which also apply for H1Bs.
So the point is immigrants can save or make big enough impact some housing markets.
Revival of housing market revives the economy. May be we should identify those markets and talk to those senators.
500000 legal immigrants, even if u assume 4 per family , ONLY 125000 houses can be sold...(even if 50% qualify for a loan.. thats just 62500 houses sold.. last i read..there were millions of homes for sale)
if the average cost of the house is 250000, thats additional 31.25 Billion $ in credit borrowing... where is the money?
I agree with you that this is not big enough to stop the entire crisis. But look at the cities where there are lot of immigrants. I can give you one example where it could make huge impact.
Seattle (King County) home of Microsoft has a housing inventory of 8600 single family homes around 1200 condos. It takes 10 months to clear up the inventory.
Microsoft applied around 2K new H1B last year. So my guess is it might have applied around 8k in last 4 years. Lets assume 60% of those didn't GC's. So around 5k people waiting in the line. Lets say out of which 4K didn't buy a house and are willing to buy a house. So 4K new buyers in a market which has 10K units. If every one buys house in next few months then the months of supply will become 6.
There lot of other companies located in this area which also apply for H1Bs.
So the point is immigrants can save or make big enough impact some housing markets.
Revival of housing market revives the economy. May be we should identify those markets and talk to those senators.
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v2neha
07-09 12:36 PM
Sent flowers to Gonzales to be delivered on July 10th with IV's prescribed signature message.
more...
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bhasky25
02-15 06:00 PM
Labor is done via perm process and they are now centrally processed (only prevailing wage is state dependent). Your company can apply for it online and you should get a result in 3-4 wks if the case is not audited. Good Luck to you.
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forgerator
05-06 12:36 PM
Hi,
I have 3 yrs degree + 1 yr PG diploma. I have been working in industry for past 17 years, and don't think any degree or even doctorate would add much to my qualification for the job that I am doing.
I am currently filed in EB3 category, and new company I am changing job to are ready to refile my GC. But they won't file my GC in EB2 category, as I don't meet the 4 yr BS requirement.
My son will be in the highschool in 4 years, and I don't want to spend a lot of money on getting MS to myself. But for the GC I am looking for fastest and cheapest way to get MS program. I have no idea how it works, what qualifies me for a degree, what can I get credits for. Any inputs would be appreciated.
Thanks!
Seems like your end goal is to get GC, have you considered option of waiting for your son to become 18 so that he can sponsor you for GC? That might be an even faster option than EB2, considering the current backlog.
This is of course assuming that your son is a US citizen.
I have 3 yrs degree + 1 yr PG diploma. I have been working in industry for past 17 years, and don't think any degree or even doctorate would add much to my qualification for the job that I am doing.
I am currently filed in EB3 category, and new company I am changing job to are ready to refile my GC. But they won't file my GC in EB2 category, as I don't meet the 4 yr BS requirement.
My son will be in the highschool in 4 years, and I don't want to spend a lot of money on getting MS to myself. But for the GC I am looking for fastest and cheapest way to get MS program. I have no idea how it works, what qualifies me for a degree, what can I get credits for. Any inputs would be appreciated.
Thanks!
Seems like your end goal is to get GC, have you considered option of waiting for your son to become 18 so that he can sponsor you for GC? That might be an even faster option than EB2, considering the current backlog.
This is of course assuming that your son is a US citizen.
more...
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smuggymba
12-31 11:11 PM
So does this mean I am stuck with Company A till I get Garbage Can I mean GC ?
Why are you calling it a garbage can when you are destroying your life after it and getting depressed and stuff?
Why are you calling it a garbage can when you are destroying your life after it and getting depressed and stuff?
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supu
04-22 12:43 AM
I also got a RFE from nabreska , but finally got approved.
Same Bsc + MCA
I think , they do approve , just waste some time and money of everyone , before they approve.
:rolleyes:
Same Bsc + MCA
I think , they do approve , just waste some time and money of everyone , before they approve.
:rolleyes:
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lazycis
11-29 04:27 PM
No need to fill another form.
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styrum
02-08 03:05 PM
Well, MS + 11 month (but not 12) will do then, cause zone IV is has SVP "7.0 to < 8.0"
I (DOL rather) take it back. SVP "Levels" are not fractional so (7.0 to < 8.0) actually means 7 only (http://online.onetcenter.org/help/online/svp):
7. Over 2 years up to and including 4 years
8. Over 4 years up to and including 10 years
So there is nothing between 7 and 8, and since 8 is not included into the interval it means 4 years max for zone IV. Period!
So, for zone IV employer can't require more than BS +2 or MS with no experience for the requirements to be considered "normal". Nice!
Check out this passage from the Job zone IV desctription though:
"For example, an accountant must complete four years of college and work for several years in accounting to be considered qualified."
So "several years" can't be more than 2!!!!:eek:
I (DOL rather) take it back. SVP "Levels" are not fractional so (7.0 to < 8.0) actually means 7 only (http://online.onetcenter.org/help/online/svp):
7. Over 2 years up to and including 4 years
8. Over 4 years up to and including 10 years
So there is nothing between 7 and 8, and since 8 is not included into the interval it means 4 years max for zone IV. Period!
So, for zone IV employer can't require more than BS +2 or MS with no experience for the requirements to be considered "normal". Nice!
Check out this passage from the Job zone IV desctription though:
"For example, an accountant must complete four years of college and work for several years in accounting to be considered qualified."
So "several years" can't be more than 2!!!!:eek:
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waitforgc1
01-13 01:35 PM
This time dates are moving steadily. so i hope there shouldn't be any retrogression in the future bulletins
chanduv23
05-13 02:50 PM
Thanks for your advise and i agree with your thoughts.
I thought of leaving this company several times, but I am working in this company for 6 years and the only company I worked after coming to USA. I invested so much for this company, like working beyond work hours, working in the weekends, making up the project deadlines for the incompetitive colleagues etc. etc. and now just waiting for my Green Card. There were so many times I thought if I get my Green Card I am going to leave this moment. Years passing by and with this retrogression thing, there is very little hope of getting it soon...
The positive thing is, my direct supervisor is very nice and I can voice my opinion and she understands me and completely supports me. I am just praying god that I should keep working for her till I get the GC.
I would only say "Hang On", or move on if you can. A lot of people in same situations, never want to discuss issues openly.
Patience does help, and maybe all the good is stored for future.
Most important is how you deal with stress associated with racial slurs, difference in treatment, and all the above issues. This has direct impact on health and many people in these conditions are victims of stress.
The h1b - GC situation is well known to everyone and they know you are indentured, some managers are called problem solvers (they pretend to hear ur voice, help you from their side and get the work done and try to ease pressure off you if they have an option), whereas some managers are called problem creators (they add additional pressure on you and make u miserable so that they get the work done). The reason companies support their American workers who involve in racial slurs is to avoid issues. It is easy to kick you out and blame you rather than catering to ur problem.
I thought of leaving this company several times, but I am working in this company for 6 years and the only company I worked after coming to USA. I invested so much for this company, like working beyond work hours, working in the weekends, making up the project deadlines for the incompetitive colleagues etc. etc. and now just waiting for my Green Card. There were so many times I thought if I get my Green Card I am going to leave this moment. Years passing by and with this retrogression thing, there is very little hope of getting it soon...
The positive thing is, my direct supervisor is very nice and I can voice my opinion and she understands me and completely supports me. I am just praying god that I should keep working for her till I get the GC.
I would only say "Hang On", or move on if you can. A lot of people in same situations, never want to discuss issues openly.
Patience does help, and maybe all the good is stored for future.
Most important is how you deal with stress associated with racial slurs, difference in treatment, and all the above issues. This has direct impact on health and many people in these conditions are victims of stress.
The h1b - GC situation is well known to everyone and they know you are indentured, some managers are called problem solvers (they pretend to hear ur voice, help you from their side and get the work done and try to ease pressure off you if they have an option), whereas some managers are called problem creators (they add additional pressure on you and make u miserable so that they get the work done). The reason companies support their American workers who involve in racial slurs is to avoid issues. It is easy to kick you out and blame you rather than catering to ur problem.
hsingh82
10-02 12:22 PM
In 2005 my first kid got an OCI as the rules were diiferent then but in 2009 the current rule is that one parent MUST be a US citizen and I had to take a PIO for my second kid in 2009.
Following is from the FAQ`s of Indian consulate at SFO
6. Are minor children whose both parents are Indian citizens eligible for OCI?
No.
You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?
Following is from the FAQ`s of Indian consulate at SFO
6. Are minor children whose both parents are Indian citizens eligible for OCI?
No.
You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?
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