hebron
08-20 10:20 PM
Hello Friends,
As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]
At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.
I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.
I really want to do that. I am not sure where to start.
1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.
2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.
3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.
Gurus...any help or advise or information is really appreciated.
Thanks,
I would say all three options you listed in your post are good and worth pursuing in the order they are listed...i.e., talk to you current employer about EB2 and if they are not willing, look for a new employer who is willing to do EB2. I am not a big fan of option #3 as I have had bad experiences with my very first desi employer in US, but there may be good ones out there.
As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]
At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.
I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.
I really want to do that. I am not sure where to start.
1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.
2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.
3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.
Gurus...any help or advise or information is really appreciated.
Thanks,
I would say all three options you listed in your post are good and worth pursuing in the order they are listed...i.e., talk to you current employer about EB2 and if they are not willing, look for a new employer who is willing to do EB2. I am not a big fan of option #3 as I have had bad experiences with my very first desi employer in US, but there may be good ones out there.
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eb3retro
11-02 09:00 AM
ramus, follow my posts in the past 20 days and you will see i have posted many posts for this AP expedite. I have a travel coming up shortly and I had only exactly 90 days from the date of application and date of travel. My application was approved recently along with my spouse. There is even a post where I listed out all the steps I took to expedite and finally finally only the local congressman phone to USCIS helped. its just unbelievable, but its possible. I have tickets that even if you postpone the journey I will lose money. I said to myself enough we lose with USCIS, and so decided to take all and any steps to expedite and get it done. just follow my posts (like start reading my past 20 posts) and I am sure you will find it useful. If you need more help, please PM me, and I will be more than happy to help you with any questions that you have. All the best.
that's what happened with us as well.. Waiting for 80 days now on AP and already changed the tickets twice..
that's what happened with us as well.. Waiting for 80 days now on AP and already changed the tickets twice..
MightyIndian
11-29 11:41 AM
Details in my signature.
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bfadlia
04-14 03:45 PM
I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster
I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster
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HV000
02-15 02:47 PM
I have notice one more soft LUD on new I 129. I don't know whats going on.
Any one with same or similar experience?
Hi shana,
Don't think tooo much about this. Nobody knows exactly how and when LUD is updated.
Any one with same or similar experience?
Hi shana,
Don't think tooo much about this. Nobody knows exactly how and when LUD is updated.
anilnag
11-30 01:43 PM
http://www.shusterman.com/
It says good news can come as early as end of this year. Thanks to all for bringing this to lawmaker's attention.
It says good news can come as early as end of this year. Thanks to all for bringing this to lawmaker's attention.
more...
mdforgc
02-21 05:01 AM
I wonder if this person who did all this posting without reading what is posted on the site and wasted the valuable time of IV volunteers from an anti immigration group? Please do not get distracteed guys and all those people sitting ont he edge, join in and act!!
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kaisersose
08-24 10:55 AM
Can you vote as a GC applicant or even a permanent resident? NO
You would think you could influence the Americans to support your cause and vote accordingly in the elections. FORGET IT!! Let alone the 2nd, 3rd, 4th.......17th generation American citizens, even the recently naturalized immigrants don't give a crap about us immigrants. The media and the politicians just have a field time with the immigrants (both legal and illegal) and some ignorant and dumb Americans (who don't usually vote) who get easily carried away by the emotions played both for and against immigration.
The serious voters (this has been established by several polls) however, are quite aware that immigrants are not given relief and naturalized overnight and are obviously confident that it could take around 20 years for any immigrant to get naturalized. The issues for these serious voters are: Iraq war, economy (the dwindling housing market?), globalization, gay marriage, abortion, and imports from China.
I wish good luck for IV and all those participating at the DC rally. NO, I can't make it, I am sorry.
A very pessimistic and inaccurate outlook.
If this was indeed true, there would have been no Ac21 act back in 2000. No PERM system would have been created to replace the cranky RIR system. The July 2007 visa bulletin would not have been reversed. Just look back at the last 10 years and see how many changes have happened in the system. Believe me, if apathy was their attitude, they would not have implemented any of the above and their inaction would not have impacted them in any way.
Having said that, I must also caution some over-enthusiastic people who believe a walk in DC will solve all their immigration problems. We all certainly hope something will happen, but we should not be distraught if nothing happens. We just need to keep pushing instead of talking on a defeatist attitude due to setting wrong expectations out of one single rally.
You would think you could influence the Americans to support your cause and vote accordingly in the elections. FORGET IT!! Let alone the 2nd, 3rd, 4th.......17th generation American citizens, even the recently naturalized immigrants don't give a crap about us immigrants. The media and the politicians just have a field time with the immigrants (both legal and illegal) and some ignorant and dumb Americans (who don't usually vote) who get easily carried away by the emotions played both for and against immigration.
The serious voters (this has been established by several polls) however, are quite aware that immigrants are not given relief and naturalized overnight and are obviously confident that it could take around 20 years for any immigrant to get naturalized. The issues for these serious voters are: Iraq war, economy (the dwindling housing market?), globalization, gay marriage, abortion, and imports from China.
I wish good luck for IV and all those participating at the DC rally. NO, I can't make it, I am sorry.
A very pessimistic and inaccurate outlook.
If this was indeed true, there would have been no Ac21 act back in 2000. No PERM system would have been created to replace the cranky RIR system. The July 2007 visa bulletin would not have been reversed. Just look back at the last 10 years and see how many changes have happened in the system. Believe me, if apathy was their attitude, they would not have implemented any of the above and their inaction would not have impacted them in any way.
Having said that, I must also caution some over-enthusiastic people who believe a walk in DC will solve all their immigration problems. We all certainly hope something will happen, but we should not be distraught if nothing happens. We just need to keep pushing instead of talking on a defeatist attitude due to setting wrong expectations out of one single rally.
more...
solaris27
04-22 09:34 AM
we want it in all 50 states
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crzyBanker
05-30 11:21 AM
done.
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H4_losing_hope
02-11 11:42 AM
Got another 33 in hand, total 43, more to come
Tip: recruit friends and strangers to get more from their work places and mail back to you.
Nice work :)
Tip: recruit friends and strangers to get more from their work places and mail back to you.
Nice work :)
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shamu
01-12 11:00 AM
Hello,
Please read the following discussion, it has lot of information about pregnancy without insurance.
http://www.fatwallet.com/forums/arcmessageview.php?catid=52&threadid=515984
Thanks
Thank you very much
Please read the following discussion, it has lot of information about pregnancy without insurance.
http://www.fatwallet.com/forums/arcmessageview.php?catid=52&threadid=515984
Thanks
Thank you very much
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up_guy
01-02 11:34 AM
Happy New Year Guys
I have quick question. Please comment on this �
Can anyone accept payments for expenses (reimbursement) from other than your employer (payroll & H-1b holding company). This could be accept such payments for expenses (reimbursement) directly from middle man company or client ?
Please respond
I have quick question. Please comment on this �
Can anyone accept payments for expenses (reimbursement) from other than your employer (payroll & H-1b holding company). This could be accept such payments for expenses (reimbursement) directly from middle man company or client ?
Please respond
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lazycis
12-18 11:02 AM
This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.
I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.
I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.
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skakodker
07-17 08:36 AM
Exactly. God foribid we lose our jobs. Before and after this announcement we are one bad earnings quarter away from being shipped back home. Its hard to enjoy life with stress like this.
jasquil
We recently experienced a miracle of unity through the hugely successful flower campaign. What a shot in the arm that was!
My suggestion to you is to keep an open mind, accepting that your circumstances aren't presently of your choosing. Once you acknowledge your stress and accept it, you will be in a better position to focus on other aspects of your life that you might be neglecting as a result of your stress - for instance, having fun.
Life is short. Choose to live.
jasquil
We recently experienced a miracle of unity through the hugely successful flower campaign. What a shot in the arm that was!
My suggestion to you is to keep an open mind, accepting that your circumstances aren't presently of your choosing. Once you acknowledge your stress and accept it, you will be in a better position to focus on other aspects of your life that you might be neglecting as a result of your stress - for instance, having fun.
Life is short. Choose to live.
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redgreen
11-27 07:03 PM
Hi All FP seekers! I do not know what exactly I am missing if there is a delay in FP. It looks like hundreds of IV members are too much worried because of the 'delay' in FP. Let me worry too (by knowing the big problem!). Can any worriers explain??
On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!
On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!
more...
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krishnam70
04-14 11:59 AM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
I am glad your file is back on track and kudos to IV for helping out in this dire situation. I think this needs to be a revelation to people who have been questioning IV's commitment to our cause. This case should not be construed as a template for individual calls to help for everybody. Your problem is unique and IV has been able to help. I only hope people dont start flooding the IV helpline with calls to pursue their individual cases based on delays in processing etc and then blame IV for not being able to help in their case.
This shows collective action and an honest organizational effort will go a long way in helping out the community and we should all share our responsibility in helping each other through IV.
- cheers
kris
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
I am glad your file is back on track and kudos to IV for helping out in this dire situation. I think this needs to be a revelation to people who have been questioning IV's commitment to our cause. This case should not be construed as a template for individual calls to help for everybody. Your problem is unique and IV has been able to help. I only hope people dont start flooding the IV helpline with calls to pursue their individual cases based on delays in processing etc and then blame IV for not being able to help in their case.
This shows collective action and an honest organizational effort will go a long way in helping out the community and we should all share our responsibility in helping each other through IV.
- cheers
kris
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11-25 06:09 PM
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pncool01
06-27 05:43 PM
unity can work -
let us all unite and file on July 2, the first day. those that lag do so by choice.
please don't say people are selfish and will sell you for a buck etc. the point is, people here are being very helpful to each other. thanks for all the great posts here folks. definitely people here are more responsive than my corporate lawyers right now. and they are sharing formats, links, responses from their lawyers etc. i think everyone is happy to help others as long as there is no loss to themselves.
you have to see the incentive structure and then construct the unity argument. people have no incentive to wait. however, they will unite if they have something to gain. that is why forums such as these are popular.
again, thanks everyone for their help and encouragement.
PS - us filing fewer applications probably does not help. as i have posted elsewhere on this forum, USCIS thought that they were unable to use up all the visa numbers for FY 2007. this comes out of the 485 processing they have been doing till date. they are trying to fill up the 485 filing pipe for the next FY and further out. so, if the USCIS folks see enough 485 filings to fill up the next FEW years expected quotas they will shut it down. not sure how many filers that will take.
let us all unite and file on July 2, the first day. those that lag do so by choice.
please don't say people are selfish and will sell you for a buck etc. the point is, people here are being very helpful to each other. thanks for all the great posts here folks. definitely people here are more responsive than my corporate lawyers right now. and they are sharing formats, links, responses from their lawyers etc. i think everyone is happy to help others as long as there is no loss to themselves.
you have to see the incentive structure and then construct the unity argument. people have no incentive to wait. however, they will unite if they have something to gain. that is why forums such as these are popular.
again, thanks everyone for their help and encouragement.
PS - us filing fewer applications probably does not help. as i have posted elsewhere on this forum, USCIS thought that they were unable to use up all the visa numbers for FY 2007. this comes out of the 485 processing they have been doing till date. they are trying to fill up the 485 filing pipe for the next FY and further out. so, if the USCIS folks see enough 485 filings to fill up the next FEW years expected quotas they will shut it down. not sure how many filers that will take.
ramreddy
01-31 04:28 AM
ICE: "Sham" University, Cover For Illegals - FoxNews.com (http://www.foxnews.com/us/2011/01/28/ice-sham-university-cover-illegals/?test=latestnews)
Amongst Google video or Y-Tube was a report that TVU in fact ran a pyramid scheme or referral, which very much discounted the fees if there where referrals. Referrals would likely be a close school friend.
I feel very sad for the tarnish it has caused .Esp the common Indian working there is bound to be looked upon as a fraud case - and he would have nothing to do with this AT ALL,it spoils the prospects and reputation of genuine people be it anyone Telegu or Non ..as long as he is Indian.
Now all the local regional associations are desperately painting them as scapegoats because if otherwise it will be a big dent to their own rep. And next the Feds will want to go smell fish at any AP run consulting firm . A general fraud impression will be built rapidly around that community.Very unfortunate if that happens. But WHY in the 1st place attempt such a massive fraud ? Bad for all. I just hate it .
BTW all this 1500 student game is happening when the H1B visa laws are the most restrictive so companies find it imposs to file a fresh H1B but its a lot easier to transit a student from F to H.
Amongst Google video or Y-Tube was a report that TVU in fact ran a pyramid scheme or referral, which very much discounted the fees if there where referrals. Referrals would likely be a close school friend.
I feel very sad for the tarnish it has caused .Esp the common Indian working there is bound to be looked upon as a fraud case - and he would have nothing to do with this AT ALL,it spoils the prospects and reputation of genuine people be it anyone Telegu or Non ..as long as he is Indian.
Now all the local regional associations are desperately painting them as scapegoats because if otherwise it will be a big dent to their own rep. And next the Feds will want to go smell fish at any AP run consulting firm . A general fraud impression will be built rapidly around that community.Very unfortunate if that happens. But WHY in the 1st place attempt such a massive fraud ? Bad for all. I just hate it .
BTW all this 1500 student game is happening when the H1B visa laws are the most restrictive so companies find it imposs to file a fresh H1B but its a lot easier to transit a student from F to H.
lostinbeta
02-05 04:46 PM
EG switched hosts and servers since then :-\
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