bec
10-15 04:53 PM
Please wait and watch for couple of months. You can keep writing to congressmen, ombudsman, push for visa recapture in lame ducks, ask for more transparency into the process but please don't send any flowers now and try to embarrass any govt organization directly. We don't know what effect its going to have.Instead go through the Ombudsman to voice your concerns.Finally, please get the consent of core IV before you attempt this.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
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kaisersose
08-17 10:06 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
Openarms
10-16 05:09 PM
This is one of the most important issue on this forum that ever taken care. I will do send letter with in couple of days.
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EB3_SEP04
05-26 05:11 PM
I wonder what are the required documents for America born citizens if they don't have passports. Just a driver license? or they have to carry birth certificates always?
US citizens are not required to prove that they are citizens, only the non-citizens are required to prove their status, and that's what angers me. If you answer the question as "Citizen" no further question is asked, and that is the RULE. Hence illegal people are trained to say the word "citizen" no matter what question they are asked. But as law abiding people most legal immigrants/non-immigrants won't lie just for the sake of avoiding the hassel of showing papers.
US citizens are not required to prove that they are citizens, only the non-citizens are required to prove their status, and that's what angers me. If you answer the question as "Citizen" no further question is asked, and that is the RULE. Hence illegal people are trained to say the word "citizen" no matter what question they are asked. But as law abiding people most legal immigrants/non-immigrants won't lie just for the sake of avoiding the hassel of showing papers.
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tejonidhi
09-10 01:51 PM
:)After they have their stomach full, and after finishing about animals, other humans then comes lousy aliens like me and you.
Please prey God that they don't get used to ALIENS's Flesh.:)
Please prey God that they don't get used to ALIENS's Flesh.:)
kaisersose
03-19 11:21 AM
If Ron Gotcher's logic works, consular processing may be more quicker for India/China EB2.
He says USCIS does not work fast enough to adjudicate 140k cases a year. They only do about 85K. But DOS is clear that they want all 140k visas used up. The result is PDs will be advanced forward and the balance numbers will be used by consular posts.
He says USCIS does not work fast enough to adjudicate 140k cases a year. They only do about 85K. But DOS is clear that they want all 140k visas used up. The result is PDs will be advanced forward and the balance numbers will be used by consular posts.
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Windy
09-19 11:41 AM
I was there in the rally with few other friends. Some friends have already got their greencards. Still, they were there to support the good cause.
Whenever I meet people in this area (especially Indians), they complain of not being able to switch jobs and the delay in green card and so on. There are thousands of greencards seekers in VA and MD area. I didn't see any of these folks who complained. They probably thought that someone else is anyway going to fight it out and they can sit back and enjoy the results without making any effort. It was a shameful thing that they did. Had these folks from VA and MD joined, there would have been over 10,000 participants.
Still, the rally was a huge success and wants to thank IV for making this happen.
Whenever I meet people in this area (especially Indians), they complain of not being able to switch jobs and the delay in green card and so on. There are thousands of greencards seekers in VA and MD area. I didn't see any of these folks who complained. They probably thought that someone else is anyway going to fight it out and they can sit back and enjoy the results without making any effort. It was a shameful thing that they did. Had these folks from VA and MD joined, there would have been over 10,000 participants.
Still, the rally was a huge success and wants to thank IV for making this happen.
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mirage
02-03 08:17 AM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
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grinch
02-14 04:44 PM
thanks soulty for the ideas!
Well guys, lets start submitting shall we?
and the battle is currently OPEN
Well guys, lets start submitting shall we?
and the battle is currently OPEN
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perm2gc
12-27 12:23 AM
Here is the link i posted
http://www.viaindia.com/apps/forums/open.aspx?ID=742957&mid=19
http://www.viaindia.com/apps/forums/open.aspx?ID=742957&mid=19
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abhijitp
07-28 02:02 AM
Copying from the reply I posted here:
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
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feedfront
09-23 12:19 PM
Just when i was wondering that we will have to wait till OCt 1 when new visa are avialable... I saw your message... If i was you i will wait too for next 5/6 days you have till oct to respond.
Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?
Now my status changed to 'Initial Review' because post office returned my mail :confused: Within 12 hrs status changed from 'Card Production' (05.03 PM) to 'Initial Review' (06.33 AM).
I had updated my new address 3 yrs before and was confirmed by infopass appointment.
Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?
Now my status changed to 'Initial Review' because post office returned my mail :confused: Within 12 hrs status changed from 'Card Production' (05.03 PM) to 'Initial Review' (06.33 AM).
I had updated my new address 3 yrs before and was confirmed by infopass appointment.
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h1techSlave
04-07 04:45 PM
Congrats buddy!
Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
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new_gc
12-17 03:34 PM
gurus can you throw light on this please?
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WillIBLucky
11-22 01:53 PM
Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.
Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.
There are ofcourse lot of ways to stay afloat on your GC process. But its all risky. Even expreienced Lawyers will say its possible and might go ahead as well. But something happens latter then the lawyer is not at loss. Its you who will bear the brunt.
If you are saying that I am following the book to get my GC so be it. On my recent trip to Cleavland, Ohio I was in cab driven by a Indian and he was telling me that he made sure he always had a "American" girlfriend as in case of "troubled waters" he can play the safe and easy card by marrying the girlfriend. Smart, only if you are single :D
So the gist of my message is there are many ways to keep afloat but its better to choose the correct one and risk free one unless you are already on the loosing side and this is the best you can do and the last leaf of your luck.
Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.
There are ofcourse lot of ways to stay afloat on your GC process. But its all risky. Even expreienced Lawyers will say its possible and might go ahead as well. But something happens latter then the lawyer is not at loss. Its you who will bear the brunt.
If you are saying that I am following the book to get my GC so be it. On my recent trip to Cleavland, Ohio I was in cab driven by a Indian and he was telling me that he made sure he always had a "American" girlfriend as in case of "troubled waters" he can play the safe and easy card by marrying the girlfriend. Smart, only if you are single :D
So the gist of my message is there are many ways to keep afloat but its better to choose the correct one and risk free one unless you are already on the loosing side and this is the best you can do and the last leaf of your luck.
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BharatPremi
09-26 10:22 AM
Dear Editor and Eilene Zimmerman,
I am very sad to inform you that this article is completely misleading readers about the rally organized by legal immigrants (Employment Based immigration catgory) .
Article tells 'Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.'
But in reality this march /rally was organized to protest Burocratic delays enforced by USCIS on applicants of Permanent residency who are suffering long delays since years. These legal immigrants, following every law and process dot able to see their Green Cards even after waiting 4 to 6 years, with some of them having rotted in queue since last 8 to 9 yeras.
I would request writer and you to have more information about the rally from the rally organizers (http://immigrationvoice.org) and publicly accept this arror and implement correction.
Thanks.
- XXXX
I am very sad to inform you that this article is completely misleading readers about the rally organized by legal immigrants (Employment Based immigration catgory) .
Article tells 'Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.'
But in reality this march /rally was organized to protest Burocratic delays enforced by USCIS on applicants of Permanent residency who are suffering long delays since years. These legal immigrants, following every law and process dot able to see their Green Cards even after waiting 4 to 6 years, with some of them having rotted in queue since last 8 to 9 yeras.
I would request writer and you to have more information about the rally from the rally organizers (http://immigrationvoice.org) and publicly accept this arror and implement correction.
Thanks.
- XXXX
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coopheal
03-12 10:36 AM
WHAT are you all doing? you want our money and our involvement for what?
Pappu does not want your money. Shame on you for saying that.
People are contributing it for their own benefits.
Pappu does not want your money. Shame on you for saying that.
People are contributing it for their own benefits.
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zuhail
03-29 07:29 PM
Hi,
It appears that Visa Re-capturing for EB categories is not high in IV's agenda.
I wrote to the IV team about 3 weeks ago and no response so far.
So if you are interested to personally take part in this effort,
please write to me at fermion_boson@ymail.com and we can do something about it.
I guess everybody have to start somewhere.
Thanks.
It appears that Visa Re-capturing for EB categories is not high in IV's agenda.
I wrote to the IV team about 3 weeks ago and no response so far.
So if you are interested to personally take part in this effort,
please write to me at fermion_boson@ymail.com and we can do something about it.
I guess everybody have to start somewhere.
Thanks.
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Pagal
07-02 01:45 AM
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
Hello,
Done...this is a neat tool! Makes advocacy fast and efficient!
Hello,
Done...this is a neat tool! Makes advocacy fast and efficient!
Almond
07-05 01:50 PM
1) Moderators have the ability to delete stuff and the rest of the IV members need to smart up and not answer off-topic questions
2) About PMs. It is up to the receiver of the PM whether to answer it or not. EVEN better NO PM for non paid members :)
Oh, you are just mean now!:p
I think there should be a big a** button on the top of this screen that says "donations for immigration causes" or whatever and those who feel they can afford to do it will do it, otherwise making paid membership a requirement will severely cut down on the number of people coming on here. Makes no difference to me, there is tons of forums like this online. This is my favorite so far though.
2) About PMs. It is up to the receiver of the PM whether to answer it or not. EVEN better NO PM for non paid members :)
Oh, you are just mean now!:p
I think there should be a big a** button on the top of this screen that says "donations for immigration causes" or whatever and those who feel they can afford to do it will do it, otherwise making paid membership a requirement will severely cut down on the number of people coming on here. Makes no difference to me, there is tons of forums like this online. This is my favorite so far though.
paritp
07-18 05:42 PM
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