abhilashny11
12-02 06:02 PM
Hi Experts,
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
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Brightsider
07-01 08:28 PM
Ron is a very compassionate individual apart from being a very experienced attorney.
Have no hesitation in going to him.
I have known people who have engaged him and found him to be extremely competent.
His immigration forum has been a good source of credible information, given the limitations of discussing USCIS idiosyncrasies.
Let me add that I do not know him nor have I spoken to him. However, had I been in CA, he would have been my choice.
Have no hesitation in going to him.
I have known people who have engaged him and found him to be extremely competent.
His immigration forum has been a good source of credible information, given the limitations of discussing USCIS idiosyncrasies.
Let me add that I do not know him nor have I spoken to him. However, had I been in CA, he would have been my choice.
getgc2008
11-22 11:27 AM
I am still waiting. I created a SR and reply was to wait for biometrics. I am going to India in dec. Any recommendation on what to do if I still have not got the card?
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ras
01-10 10:16 PM
labor sub is not neccessarily always bad.
I have seen lot of folks who were stuck in a bad wait and only way could leave was to use labor sub.
Having said that, this case seems just bad situation..
Why couldn't he just check before he filed I140 if someone else has already used that labor?
It's easy to do...
Also why not just use I140 premium when it was allowed back then..
I am thinking someone got greedy and got conned while trying to con immigration system..
you play with fire .. sometimes fingers get burnt.. I feel pity for this guy but I got no love for him..
how do u check if a 485 isn't being filed based on I 140
I have seen lot of folks who were stuck in a bad wait and only way could leave was to use labor sub.
Having said that, this case seems just bad situation..
Why couldn't he just check before he filed I140 if someone else has already used that labor?
It's easy to do...
Also why not just use I140 premium when it was allowed back then..
I am thinking someone got greedy and got conned while trying to con immigration system..
you play with fire .. sometimes fingers get burnt.. I feel pity for this guy but I got no love for him..
how do u check if a 485 isn't being filed based on I 140
more...
desi3933
02-11 11:54 AM
I agree with High skilled educated "illiterates" version part. Sad, but this is a bitter truth.
I have many friends that have pending I-485 application and almost all them act/behave as if they are green card holders. May be, it is due to feel good factor. May be, they feel like GC holder as spouse can work and/or start business. Infact, when asked about visa status, they state that they are almost green card holder.
Well, I hope they all get green cards. Having said that, until I-485 is approved, person is not green card holder.
In my opinion, EAD is a step towards green card status as it allows some freedom (AC-21, spouse can work), but it is just that, a step.
I have many friends that have pending I-485 application and almost all them act/behave as if they are green card holders. May be, it is due to feel good factor. May be, they feel like GC holder as spouse can work and/or start business. Infact, when asked about visa status, they state that they are almost green card holder.
Well, I hope they all get green cards. Having said that, until I-485 is approved, person is not green card holder.
In my opinion, EAD is a step towards green card status as it allows some freedom (AC-21, spouse can work), but it is just that, a step.
natrajs
08-23 07:25 PM
All the 485 Applicants Should get a FP Notice except for the Minors, In some instance Minors too get it
more...
coolio
06-14 06:14 PM
Exactly....I don't say this a trick by USCIS to divert our attention but that will definitely be the result. Everyone here (except with the older priority dates) will face retrogression very soon. Please try to understand this folks.
Everyone will file for 485 and will get stuck in the backlog, before you know if, it will be Oct-08 and then they will scrap the old system and make everybody file under the point system. Which of course would be a nightmare as the USCIS or one of its derivatives would not be able to cope with the flood of application. At the end of the day all of us would be 1000s of dollar down and would still be posting here complaining about the process.
Bottom line is, with a limit of 20 amendments, one can be assured there won't be one looking out for us out on the fringes.
Everyone will file for 485 and will get stuck in the backlog, before you know if, it will be Oct-08 and then they will scrap the old system and make everybody file under the point system. Which of course would be a nightmare as the USCIS or one of its derivatives would not be able to cope with the flood of application. At the end of the day all of us would be 1000s of dollar down and would still be posting here complaining about the process.
Bottom line is, with a limit of 20 amendments, one can be assured there won't be one looking out for us out on the fringes.
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thomachan72
03-01 12:56 PM
Ask your parents (anyone of them) to visit the registrar at the municipal office of your home town. The registrar will issue the birth certificate once your parents submit an affidavit to the office. Hope this helps.
nmdial I dont think the registrar will issue a birth certificate based on affidavit from the parents.
Usually for people who dont have birth registered at birth or hospital records we have to obtain a non-availibility certificate from the local authority. Along with this certificate we submit a notarized affidavit signed by one/both the parents. Now we have learnt that this affidavit has to be signed in the presence of the registrar. Hopefully that should be ok then.
nmdial I dont think the registrar will issue a birth certificate based on affidavit from the parents.
Usually for people who dont have birth registered at birth or hospital records we have to obtain a non-availibility certificate from the local authority. Along with this certificate we submit a notarized affidavit signed by one/both the parents. Now we have learnt that this affidavit has to be signed in the presence of the registrar. Hopefully that should be ok then.
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nvssln
07-13 04:03 PM
To my observation they never released the bulletin on Friday. They kept us waiting until Monday. So, relax, njoy weekend and check back on Monday.
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jonty_11
07-23 11:45 PM
Wonder why people who visit these forums often think that someone here knows how USCIS works...their updates/luds,status changes mean nothing.......until u get the card in hand it means nothing, zilch, nada, !!!!!!
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bijualex29
06-22 02:18 PM
There are lots and lots of application is rejected based on USCIS error. Stating that correct fee is not issue and I-485 Receipt is not attached.
Here is the I-765 Instruction states. As per I-765 Instruction page 5 section 7 (A): Adjustment of Applicant C(9):- Form I765 with a copy of I-485 receipt notice or other evidence the form I-485 is pending.
If you attach any evidence stating that I-485 is pending, they should not reject the application. The USCIS is confused with the date Before July 30 and after July 30, one required fees and other does not require fees. Some clerk is looking at the Notice date instead of receiving date and rejecting the application. This is a lack of clerical training issues.
We should address this to USCIS or American immigration association.
Here is the I-765 Instruction states. As per I-765 Instruction page 5 section 7 (A): Adjustment of Applicant C(9):- Form I765 with a copy of I-485 receipt notice or other evidence the form I-485 is pending.
If you attach any evidence stating that I-485 is pending, they should not reject the application. The USCIS is confused with the date Before July 30 and after July 30, one required fees and other does not require fees. Some clerk is looking at the Notice date instead of receiving date and rejecting the application. This is a lack of clerical training issues.
We should address this to USCIS or American immigration association.
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zilmax007
08-21 12:27 PM
RN received on today from TSC
PD: 8/2006
LC Approved: 9/2006
EB2 140 Approved: 10/2006
485 filed on 7/2 @ TSC
RN 7/2
ND 8/13
PD: 8/2006
LC Approved: 9/2006
EB2 140 Approved: 10/2006
485 filed on 7/2 @ TSC
RN 7/2
ND 8/13
more...
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sam2006
08-22 08:35 PM
Hi,
I got my EAD today...Even i received my Wife EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
congrats
i guess we have to hang in there for TSC transfers :rolleyes:
I got my EAD today...Even i received my Wife EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
congrats
i guess we have to hang in there for TSC transfers :rolleyes:
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texcan
09-19 12:34 AM
IV Rally Heros, all of them deserve applause for efforts, leadership and doing an unprecedented jobs.
YOU ALL MADE HISTORY TODAY
THANK YOU,
YOU ALL MADE HISTORY TODAY
THANK YOU,
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xyz2009
08-20 01:50 AM
I also reached this conclusion that....GC perm apps right now in the first 9 immigration calendar months is at an all time low and if this is indicator for future then huge ROW numbers would be going waste and by law they then will percolate to retrogressed countries like India and China and I also foresee huge PD moving in 2009-2010 calendar yr starting Oct 1 2010. I think they will increase quarter by quarter rather than month by month and by this time next year many people might get their GCs.
Yes this is a serious plus point and ofcourse yes having jobs intact during this period would be the key...so given that is OK then GCs should start coming...I agree with beautiful mind
Regards
Yes this is a serious plus point and ofcourse yes having jobs intact during this period would be the key...so given that is OK then GCs should start coming...I agree with beautiful mind
Regards
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vdlrao
07-16 12:21 AM
I do not want to spoil the party fun but somewhere in my mind there is a lingering doubt. I read Ron Gotcher's post about August 2008 bulletin.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
This is my opinion. TSC 485 processing time is July 17,2008. NSC 485 processing cut off date is July 28th, 2008. I don't know if CSC is still processing 485 EB applications but CSC EB processing cut off date on its website is April 04, 2006. The priority date for June 2007 bulletin was April 1st2004.
Lot of big law firms filed 485's around August 1st because the date for filing 485's was extended to August 17th. So I think these 485's are still unadjudicated. Once they get adjudicated there would be retrogression. Analysts analyze. However the silver lining would be removal of concurrent processing of I-140 and I-485 which may give some additional EB 2 numbers next year.
yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
This is my opinion. TSC 485 processing time is July 17,2008. NSC 485 processing cut off date is July 28th, 2008. I don't know if CSC is still processing 485 EB applications but CSC EB processing cut off date on its website is April 04, 2006. The priority date for June 2007 bulletin was April 1st2004.
Lot of big law firms filed 485's around August 1st because the date for filing 485's was extended to August 17th. So I think these 485's are still unadjudicated. Once they get adjudicated there would be retrogression. Analysts analyze. However the silver lining would be removal of concurrent processing of I-140 and I-485 which may give some additional EB 2 numbers next year.
yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.
more...
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roseball
04-06 12:43 AM
My I485 is pending, recently I have changed my address online. I also recieved confirmation letters for this address change.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
I have seen changing address triggered RFEs in some cases where an applicant moved out of state or even to a new city within the same state. In such cases, RFE was asking for proof of employment in the same or similar role.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
I have seen changing address triggered RFEs in some cases where an applicant moved out of state or even to a new city within the same state. In such cases, RFE was asking for proof of employment in the same or similar role.
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ramus
07-05 08:56 PM
This thread is getting lost.. Lets keep this thread on top.
When you send this message please make sure you put your complete name, address, email and phone number at the bottom.. If you don't how come somebody can get in touch with us...
When you send this message please make sure you put your complete name, address, email and phone number at the bottom.. If you don't how come somebody can get in touch with us...
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poorslumdog
03-18 03:04 PM
If you are not on H1 there is no reason to inform the USCIS. Make sure that they are not including your I-140 receipt number or A#.
Actually informing that you do not have a job is sufficent to revoke your I-140.
Then how come people are saying there wont be any impact if you lose your job in EAD
Actually informing that you do not have a job is sufficent to revoke your I-140.
Then how come people are saying there wont be any impact if you lose your job in EAD
skdskd
08-27 10:19 AM
I must agree - both are important..it is just each one of us have different cases and circumstances
that It might be important for OP but you should considerate about others you should not say that every body elses problem is nothing in-front of OP's problem ."Injustice" word sound like that.
as somebody said earlier abount OP tha it sounds selfish and mean.
When NSC people were getting Receipt and TSC were waiting , no body said ."Injustice" word .
So when it is not affecting you it 's fair.....But somebody else gets that you cry foul play ....Be considerate about others
Personally I wish all (NSC ,TSC , Carlifornia , Vermont ) filers should get there receipt , EAD and AP as well as Final GC as soon as possible
that It might be important for OP but you should considerate about others you should not say that every body elses problem is nothing in-front of OP's problem ."Injustice" word sound like that.
as somebody said earlier abount OP tha it sounds selfish and mean.
When NSC people were getting Receipt and TSC were waiting , no body said ."Injustice" word .
So when it is not affecting you it 's fair.....But somebody else gets that you cry foul play ....Be considerate about others
Personally I wish all (NSC ,TSC , Carlifornia , Vermont ) filers should get there receipt , EAD and AP as well as Final GC as soon as possible
ivuser
02-16 04:27 PM
Murthy Law firm
Attorney : Shela Murthy
Page URL : http://www.murthy.com/485faq.html#13
Content:
Question 13 .
Can I leave my sponsoring employer once I get my green card? TOP
One may switch employers during the I-485 process if (a) the I-485 has been pending for over 180 days and is not yet adjudicated and (b) the offer of new employment is in the same or similar job. While the USCIS may use the description of the job duties from the DOT or the O*NET to determine similarity in jobs, they have verbally agreed that they may be willing to consider a broader definition in the future. Besides job title and description, the salary from the new employer would at least need to satisfy concerns regarding the public charge provisions and should be as closed to the amount listed on the labor certification as possible.
Clearly, the law before AC21 was passed in October 2000 required that a person continue working with the employer that sponsored the green card for at least 6 months to 1 year after obtaining the green card. Although AC21 allows the changing of employers if the I-485 is not adjudicated within 180 days, there is no change in the law with respect to the intention of the employer to offer and the employee to undertake "permanent," full-time work with the sponsoring employer for the job advertised. Keep in mind that a green card job offer is legally considered a future job offer. Therefore, the employee must have a good-faith intention to work for the employer after the green card is approved, and the employer must have a good-faith intention to employ the employee after the green card is approved. Even if one worked for the sponsoring employer for several years while pursuing the green card process, that would not count as future intent. Generally, 6 months to 1 year after obtaining the green card is a safe time period to change employment. Failure to stay at the sponsoring employer may result in problems at the naturalization stage!
Attorney : Shela Murthy
Page URL : http://www.murthy.com/485faq.html#13
Content:
Question 13 .
Can I leave my sponsoring employer once I get my green card? TOP
One may switch employers during the I-485 process if (a) the I-485 has been pending for over 180 days and is not yet adjudicated and (b) the offer of new employment is in the same or similar job. While the USCIS may use the description of the job duties from the DOT or the O*NET to determine similarity in jobs, they have verbally agreed that they may be willing to consider a broader definition in the future. Besides job title and description, the salary from the new employer would at least need to satisfy concerns regarding the public charge provisions and should be as closed to the amount listed on the labor certification as possible.
Clearly, the law before AC21 was passed in October 2000 required that a person continue working with the employer that sponsored the green card for at least 6 months to 1 year after obtaining the green card. Although AC21 allows the changing of employers if the I-485 is not adjudicated within 180 days, there is no change in the law with respect to the intention of the employer to offer and the employee to undertake "permanent," full-time work with the sponsoring employer for the job advertised. Keep in mind that a green card job offer is legally considered a future job offer. Therefore, the employee must have a good-faith intention to work for the employer after the green card is approved, and the employer must have a good-faith intention to employ the employee after the green card is approved. Even if one worked for the sponsoring employer for several years while pursuing the green card process, that would not count as future intent. Generally, 6 months to 1 year after obtaining the green card is a safe time period to change employment. Failure to stay at the sponsoring employer may result in problems at the naturalization stage!
