LegallyGC
07-27 09:56 AM
1. Try to convince that new employer (B) that you have a vast experience and have already filed GC under EB-2, so it wouldnt be difficult to apply again under EB-2. Tell them you will use your own attorney (Like Mrs. Murthy) to file EB-2. They might change their view
2. If they dont agree and If you really feel this is the job of your dream then go for new job and dont think..
3. But if you think that this is just a small "upgrade" to your current job in terms of growth and money then stay where you are.
4. Because if ur new company applies for GC u will have a priority date of 2010 or 2011 EB-3. And even if ur wife applies next year for her GC thru employer whom she is yet to find, her priority date will be 2011 or even 2012 EB2. Both these options will take u 6-10 years down the GC pipelile... which is not so good..
5. You will get ur GC with current priority dates in 2011 or worst case 2012. Your wife will get GC too.. so no worries and both can work multiple jobs and make money..
Good luck with ur choice..
2. If they dont agree and If you really feel this is the job of your dream then go for new job and dont think..
3. But if you think that this is just a small "upgrade" to your current job in terms of growth and money then stay where you are.
4. Because if ur new company applies for GC u will have a priority date of 2010 or 2011 EB-3. And even if ur wife applies next year for her GC thru employer whom she is yet to find, her priority date will be 2011 or even 2012 EB2. Both these options will take u 6-10 years down the GC pipelile... which is not so good..
5. You will get ur GC with current priority dates in 2011 or worst case 2012. Your wife will get GC too.. so no worries and both can work multiple jobs and make money..
Good luck with ur choice..
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desigirl
12-01 09:52 AM
We need to get all these businesses to join together with Immigration voice and support us by lobbying and funding.
No Great H-1b will come here if its going to take 10-20 years to get a Green card.
I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
This is a big thing that is missing so far.
See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.
Definitely a good idea.........the first thing that needs to happen is for us immigrants to contact our own employers (and if it is a big company - they will have some section that deals with govt affairs/lobbying) ask them to support our cause through action.......
I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).
If he chooses to donate would it be the "contribute" link?
No Great H-1b will come here if its going to take 10-20 years to get a Green card.
I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
This is a big thing that is missing so far.
See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.
Definitely a good idea.........the first thing that needs to happen is for us immigrants to contact our own employers (and if it is a big company - they will have some section that deals with govt affairs/lobbying) ask them to support our cause through action.......
I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).
If he chooses to donate would it be the "contribute" link?
immidude
07-13 01:19 PM
Idea behind my post is to look professional,uniform,united,organized and most of all look different to draw more attention (which is how we got good media coverage in flower campaign)
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ArkBird
06-17 01:54 PM
TOTALLY unknown...
No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.
So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.
Cheers
ArkBird
I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.
So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.
Thanks.
No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.
So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.
Cheers
ArkBird
I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.
So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.
Thanks.
more...
americandesi
06-17 12:05 AM
I am planning to apply for both Canadian Permanent Residency and US green card next month. Assuming that I get my Canadian Permanent Residency and US Greencard after two years, what options do I have to maintain the permanent resident status in both countries, so that I am eligible to apply for citizenship in both countries.
Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.
Please guide me on this.
Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.
Please guide me on this.
thomachan72
04-15 03:52 PM
My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(
For your H1b labor aproval the company has provided both the salary they are offering you as well as the prevailing wages for that particular job catagory. I dont think it is legal for the company to pay you below what was guranteed while hiring you, particulary as it goes against the basic requirement for H1b, which is to pay equal to or above the prevailing wages. Now due to economic depression, if the prevailing wages have decreased and the labor department has taken that into account maybe things might be different. See, the basic question is whether I can obtain a H1b worker promising 100K and later pay him 65k, citing general conditions like recession?
For your H1b labor aproval the company has provided both the salary they are offering you as well as the prevailing wages for that particular job catagory. I dont think it is legal for the company to pay you below what was guranteed while hiring you, particulary as it goes against the basic requirement for H1b, which is to pay equal to or above the prevailing wages. Now due to economic depression, if the prevailing wages have decreased and the labor department has taken that into account maybe things might be different. See, the basic question is whether I can obtain a H1b worker promising 100K and later pay him 65k, citing general conditions like recession?
more...
Bpositive
01-05 12:12 PM
Thanks. We are answering the 221g questions. Not clear about the format of the "invitation letter" from the sponsor/employer. Should this be in txt format and in the same document as the answers to the other questions? Or can this be a separate scanned pdf...
Anyone?
Anyone?
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gconmymind
05-12 06:59 PM
Absolutely
the only requirement is if we can strictly follow what has been mentioned in the post.
Its like this .. would we be ready to drop $1000 or $2000 to get GC years earlier?
i think the answer in my case is yes.
You have noble intentions and I salute your spirit but it does not make practical sense to try and raise $1M when on the other thread, we have not even touched $15K!! At least, this will not happen with a donations only campaign. If a corporate were to sponsor, thats a different thing..
Again, I think all (ok, most!) the members would donate $2000 if there was assurance/certainty of positive outcome. A lot of people are sitting on the sidelines, hoping for a positive outcome, without contributing time and/or money.
People, please contribute time and money towards IV to help yourselves!
the only requirement is if we can strictly follow what has been mentioned in the post.
Its like this .. would we be ready to drop $1000 or $2000 to get GC years earlier?
i think the answer in my case is yes.
You have noble intentions and I salute your spirit but it does not make practical sense to try and raise $1M when on the other thread, we have not even touched $15K!! At least, this will not happen with a donations only campaign. If a corporate were to sponsor, thats a different thing..
Again, I think all (ok, most!) the members would donate $2000 if there was assurance/certainty of positive outcome. A lot of people are sitting on the sidelines, hoping for a positive outcome, without contributing time and/or money.
People, please contribute time and money towards IV to help yourselves!
more...
gova123
08-27 02:08 PM
When did this change? I got it renewed from Washington DC a year back
I think it is stated in their website and also someone in the forum was saying this. Did you happen to be in Florida when you renewed the passport last year from DC. if yes, then I can send it to DC as they seem to renew in 10 business days. Am i right...............
I think it is stated in their website and also someone in the forum was saying this. Did you happen to be in Florida when you renewed the passport last year from DC. if yes, then I can send it to DC as they seem to renew in 10 business days. Am i right...............
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GCaspirations
10-02 11:53 AM
Can one apply for Social Security # after getting EAD card ?
Once you received your EAD card, you can apply for SSN.
Once you received your EAD card, you can apply for SSN.
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walking_dude
11-27 09:24 PM
Thanks Rajeev, MB, new_gc_guy, grupak, GCkaMaara, coopheal for your pledge. I pledge a contribution of $100 as well for the rally, besides my continuing monthly contributions and participation in the rally.
Others, please step forward. Let us not be penny-wise and pound-foolish. Let us help IV pull this thing for our sake.
Others, please step forward. Let us not be penny-wise and pound-foolish. Let us help IV pull this thing for our sake.
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sammyb
11-19 10:47 AM
did the whole NSC USCIS team when for TG turkey hunt :D... no update till now .. any info from anyone here...
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vsrinir
09-16 03:03 PM
Pray God!!!
It Is More Important!!!!!!
It Is More Important!!!!!!
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rolrblade
07-27 04:44 PM
do they have to attach copy of email with the application?
In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.
you are fine : read this from USCIS website:
Attorneys and accredited representatives filing any petition or immigration benefit application on behalf of petitioners and applicants must sign Form G-28, Notice of Appearance, and include the original with the filing. USCIS will continue accepting original Form G-28 bearing the facsimile signature of the attorney or accredited representative, e.g., a stamped signature, as allowed under the regulations governing the filing of applications and petitions and longstanding operational guidance.
Legal Requirements for the Signature on Petitions and Immigration Benefit Applications
Attorneys and Accredited Representatives: The signature of any attorney or accredited representative who has been granted legal authorization to sign on behalf of the petitioner or the applicant must be in the original.
this means as long as your attorney sent the original G-28 form with their signatures, you are okay. Also the email from you is "legal authorization" to sign.
All across these forums you will read numerous posts where people have not signed anything rather their attorneys have signed. This is very general practice.
In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.
you are fine : read this from USCIS website:
Attorneys and accredited representatives filing any petition or immigration benefit application on behalf of petitioners and applicants must sign Form G-28, Notice of Appearance, and include the original with the filing. USCIS will continue accepting original Form G-28 bearing the facsimile signature of the attorney or accredited representative, e.g., a stamped signature, as allowed under the regulations governing the filing of applications and petitions and longstanding operational guidance.
Legal Requirements for the Signature on Petitions and Immigration Benefit Applications
Attorneys and Accredited Representatives: The signature of any attorney or accredited representative who has been granted legal authorization to sign on behalf of the petitioner or the applicant must be in the original.
this means as long as your attorney sent the original G-28 form with their signatures, you are okay. Also the email from you is "legal authorization" to sign.
All across these forums you will read numerous posts where people have not signed anything rather their attorneys have signed. This is very general practice.
more...
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Kitiara
05-27 09:08 AM
It took me about 5 minutes to ven <i>find</i> the links page... :sure: They're all vile. Truly hideous. :)
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priderock
05-15 12:48 PM
Is there already a poll like this for EB3?
Yes I have seen one for EB3 ...
http://immigrationvoice.org/forum/showthread.php?t=4440
Yes I have seen one for EB3 ...
http://immigrationvoice.org/forum/showthread.php?t=4440
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saileshdude
04-27 10:11 PM
a lot of people who applied during July 2007 are getting RFE on 485, I guess this because of pre processing but 99% of these people who are getting RFE are from NSC. I same only one or two people from TSC who got RFE. From this seems like NSC is pre processing but TSC is not.
No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.
No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.
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newbee7
04-12 02:48 PM
If I were you, I would send a letter with the facts. I do not see a downside to this. On the upside, if the employer decides to settle you could potentially get some of your money back.
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mbartosik
02-25 10:32 PM
Pappu is right (on earlier post on this thread)
To maybe make a little more clear, because the processing dates do not make any distinction between EB classes (EB1, EB2, EB3) when one EB class moves forward in the visa bulletin, then the service center may have to go backwards in processing date to process these because they received them earlier.
If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.
That being said there is still often no clear reason (to us) behind the dates. It would cause less frustration if clear reasons for dates were given.
To maybe make a little more clear, because the processing dates do not make any distinction between EB classes (EB1, EB2, EB3) when one EB class moves forward in the visa bulletin, then the service center may have to go backwards in processing date to process these because they received them earlier.
If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.
That being said there is still often no clear reason (to us) behind the dates. It would cause less frustration if clear reasons for dates were given.
EndlessWait
05-01 12:09 PM
If old I-140 has not been revoked, you are entitled to the old PD.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
sledge_hammer
07-22 05:40 PM
No
hi guys,
i bet this question must have been asked before but i couldn't find the relevant thread so i'm asking again. Apologies if its a repeat.
I am maintaining my h1-b while my aos is pending. Last year my wife went to india while she had valid h4 (not stamped in passport) and ap documents. She did not get her visa stamped and reentered the country using the ap with no issues. He i-94 said parolled till some date, march 2009. I totally forgot about it and never renewed her ap or mine. Does it pose any kind of threat to her legal status in the us and aos?
I am still working on h1 and she is a parolee.
Thanks in advance fopr the responses.
hi guys,
i bet this question must have been asked before but i couldn't find the relevant thread so i'm asking again. Apologies if its a repeat.
I am maintaining my h1-b while my aos is pending. Last year my wife went to india while she had valid h4 (not stamped in passport) and ap documents. She did not get her visa stamped and reentered the country using the ap with no issues. He i-94 said parolled till some date, march 2009. I totally forgot about it and never renewed her ap or mine. Does it pose any kind of threat to her legal status in the us and aos?
I am still working on h1 and she is a parolee.
Thanks in advance fopr the responses.
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