hebron
06-22 01:39 PM
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
Hi Sunil,
I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.
I am not sure if my experience helps you or not, but please check with your attorney.
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
Hi Sunil,
I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.
I am not sure if my experience helps you or not, but please check with your attorney.
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gconmymind
08-19 03:11 PM
I will be in similar position if I get RFE for this. I guess all you can do is provide what you have and an explanation. Hopefully it should not be that big of an issue.
atlfp
04-08 12:34 PM
I thought the "Freedom of Information Act" requires the federal goverment to disclose all data and procedure unless it is exempt by some other laws (list of super spies, for instance). Wouldn't it be possible to using this law to force them to disclose their numbers?
Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....
I am not an expert in law but we cannot "Force" the deparment of state to release numbers. However some numbers are already available for 2005 in usage stats.
If they waste numbers in 2006, then they may be recaptured and used in 2007 - ONLY IF - the comprehensive bill or the PACE act passes as both have recapture provision.
Doesnt the ombudsman report show all numbers even today? I thought they did.
Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....
I am not an expert in law but we cannot "Force" the deparment of state to release numbers. However some numbers are already available for 2005 in usage stats.
If they waste numbers in 2006, then they may be recaptured and used in 2007 - ONLY IF - the comprehensive bill or the PACE act passes as both have recapture provision.
Doesnt the ombudsman report show all numbers even today? I thought they did.
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paskal
08-23 03:48 PM
please join your state chapter if you have not done so already!
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chanukya
02-20 10:35 PM
I hope IV is ready for this.
Arise and awake....get ready for the final battle
http://judiciary.senate.gov/schedule.cfm?changedate=02/26/07
http://judiciary.senate.gov/hearing.cfm?id=2555
"Comprehensive Immigration Reform "
Senate Judiciary Committee
Full Committee
--------------------------------------------------------------------------------
DATE: February 28, 2007
TIME: 10:00 AM
ROOM: Dirksen-226
OFFICIAL HEARING NOTICE / WITNESS LIST:
February 20, 2007
NOTICE OF COMMITTEE HEARING
The Senate Committee on the Judiciary has scheduled a hearing on �Comprehensive Immigration Reform� for Wednesday, February 28, 2007 at 10:00 a.m. in Room 226 of the Dirksen Senate Office Building.
By order of the Chairman
Arise and awake....get ready for the final battle
http://judiciary.senate.gov/schedule.cfm?changedate=02/26/07
http://judiciary.senate.gov/hearing.cfm?id=2555
"Comprehensive Immigration Reform "
Senate Judiciary Committee
Full Committee
--------------------------------------------------------------------------------
DATE: February 28, 2007
TIME: 10:00 AM
ROOM: Dirksen-226
OFFICIAL HEARING NOTICE / WITNESS LIST:
February 20, 2007
NOTICE OF COMMITTEE HEARING
The Senate Committee on the Judiciary has scheduled a hearing on �Comprehensive Immigration Reform� for Wednesday, February 28, 2007 at 10:00 a.m. in Room 226 of the Dirksen Senate Office Building.
By order of the Chairman
quizzer
11-16 01:03 PM
Hi Raj
If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.
Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.
Sunny is right.
The approval came after 27 days of opening the SR.
If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.
Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.
Sunny is right.
The approval came after 27 days of opening the SR.
more...
msyedy
01-24 11:09 AM
Yes your crook attorney is partially right. Because once your I-140 gets approved, then you are eligible for 3 yr extension and not 1 yr extension. No attorney like his/her clients get 3 yrs extension because they will lose their attorney fee for the next two years.
Just ask your lier to apply for I-140. If he refuses to do that, ask him why?
Change your attorney if you are paying for your GC. If company is paying then talk to the companies HR or who ever, lawyers will work on what the company says.
Forget about the lawyer, It is the company issue here if they are paying for your GC.
....
Just ask your lier to apply for I-140. If he refuses to do that, ask him why?
Change your attorney if you are paying for your GC. If company is paying then talk to the companies HR or who ever, lawyers will work on what the company says.
Forget about the lawyer, It is the company issue here if they are paying for your GC.
....
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SertTurk
07-19 05:10 PM
Yes, we have to go to Turkey for cosular processing since I accepted illegal employment and paid taxes for one year when we first came here.
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shreekhand
02-07 09:25 AM
A huge chunk of Indians who come and file for asylum are fraud cases - citing ridiculous and manufactured cases of political/religious persecution! The article itself cites experts and analysts with their surprise. Somehow don't know why the people of the states mentioned in the article are so desperate ! Dynamic and risk taking, certainly they are, no doubt ... but looks like they don't see the limit... crossing levels of illegality and greed. Disgrace to the country!
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lonedesi
04-04 10:08 PM
A friend of mine who has a bachelor's degree from India applied for her labor through PERM under EB2 category, which was approved. This was done based on the attorney's advice. Later, when the I-140 was to be submitted, the attorney advised that they should file I-140 under EB3 as the employee just had a bachelor's degree and he thought that they would get an RFE or will not probably be able to justify her qualifications for an EB2 category. At that time he also mentioned that, once the I-140 was approved, they could go ahead and submit I-485 application as though it was an EB2 case based on the approved labor. Now that I-140 is approved under EB3 category, he is going back on his words and telling that since I-140 was approved under EB3 category, they should file I-485 as though it is an EB3 application. There is a vast difference in priority dates between EB2 & EB3 categories and this is not helping the problem. Would it be okay to apply I-485 under EB2 category based on the approved labor (EB2) or should one apply I-485 under EB3 based on the approved I-140 (EB3)? Anyone who has had any experience or has any information in this regard, please advise. Or did the attorney mess up first time and he is finding an easy way to fix the problem by going the EB3 route? I sometimes wonder if these attornies really know what they are talking about or they just out there to make money at the expense of innocent people like us.
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ftbakhru
10-21 10:58 AM
Vikram:
How long did it take for your AP approval and which srevice center? Thanks!
How long did it take for your AP approval and which srevice center? Thanks!
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gcseeker2002
02-12 05:14 PM
If you have approved labor and 140, why you want to file EB2 perm?
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.
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LC2002
04-14 11:06 AM
Congratulations..
Thank You!
Thank You!
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mmk123
02-20 05:50 PM
There are 2 kinds of people in the world -
one who think that others (other people or government) is responsible for their current state and others are the ones who are willing to introspect, make appropriate changes and then succeed. Even a dumb (read "") can figure where they belong to.
An itchy dog needs to get himself rubbed against all possible objects so as to keep that itch in control. These websites are such places where these people go to satisfy their itch. Even the owners of these itchy dogs desert them (read "their god-father politicians") when they start doing this. Do you think, people like us, who are busy with their daily interesting work, family have time to look at them?
Look, the option is with us which is NOT to look at these stupid websites. None is forcing you to see these websites. So no point in complaining about them. First amendment rights for stupid is like a cigar in the hand of drunk monkey in california jungles (and we keep searching where these wild fires come from?).. so better neglect them and focus on our goal.
We are surely going to reach our goal, no matter what these stupid people say... if you think hard then you will realize then the life's goal is much beyond simply getting EB GC...
one who think that others (other people or government) is responsible for their current state and others are the ones who are willing to introspect, make appropriate changes and then succeed. Even a dumb (read "") can figure where they belong to.
An itchy dog needs to get himself rubbed against all possible objects so as to keep that itch in control. These websites are such places where these people go to satisfy their itch. Even the owners of these itchy dogs desert them (read "their god-father politicians") when they start doing this. Do you think, people like us, who are busy with their daily interesting work, family have time to look at them?
Look, the option is with us which is NOT to look at these stupid websites. None is forcing you to see these websites. So no point in complaining about them. First amendment rights for stupid is like a cigar in the hand of drunk monkey in california jungles (and we keep searching where these wild fires come from?).. so better neglect them and focus on our goal.
We are surely going to reach our goal, no matter what these stupid people say... if you think hard then you will realize then the life's goal is much beyond simply getting EB GC...
more...
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saileshdude
09-03 06:09 PM
I am not sure what the basis would be to issue an RFE. The SR is created based on Customer Service representatives recommendation. The first level rep themselves suggest that we open SR if we call to find out the status of the case. I just opened SR for my spouse. Lot of people from Jul/Aug opened SR but very few got RFE.
It may not help in anyway but that's different.
My friend said that opening an SR could lead to a higher probability for an RFE. Is that the case? I know it is not possible to scientifically prove it but is there any anecdotal evidence of it?
It may not help in anyway but that's different.
My friend said that opening an SR could lead to a higher probability for an RFE. Is that the case? I know it is not possible to scientifically prove it but is there any anecdotal evidence of it?
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GCwaitforever
10-20 04:28 PM
Then what kind of visa that I have to hold between the beginning until I am ready to hire total of 10 and file my EB5.
Is there limited time frame? that I have to hire total of 10 let say within 2 years..
Thanks GCwaitforever
EB-2 is the investor visa offered. You can renew every year without any time limitation. But this is purely a non-immigrant VISA. You can not get a GC from this. Of course, being on H-1B creates a conflict with this. So let your H4 spouse take advantage of this and let him/her build the business and then switch to EB-5. As a dependent, you will also get the GC.
EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)
Is there limited time frame? that I have to hire total of 10 let say within 2 years..
Thanks GCwaitforever
EB-2 is the investor visa offered. You can renew every year without any time limitation. But this is purely a non-immigrant VISA. You can not get a GC from this. Of course, being on H-1B creates a conflict with this. So let your H4 spouse take advantage of this and let him/her build the business and then switch to EB-5. As a dependent, you will also get the GC.
EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)
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new_horizon
08-03 04:27 PM
I received the same reply from Sen Debbie Stabenaw's office. I agree that they have a standard reply to all such questions. Really bad.
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pradeepd
01-23 12:12 AM
Hi,
I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)
I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns
1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped
My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.
I need your urgent help and all of your comments and suggestions are greatly appreciated.
Thanks,
Sudha
I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)
I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns
1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped
My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.
I need your urgent help and all of your comments and suggestions are greatly appreciated.
Thanks,
Sudha
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willigetgc?
07-06 10:32 AM
Recently I started looking other options in India, Britain, Canada and Australia.
Here is what I found just in last 1 week.
Britain puts new cap on non-European high skilled immigration
United Kingdom, Immigration, Coalition Government Announces Temporary Migration Cap - Newland Chase - 30/06/2010, Government & Public Sector, Labour and Employment, Immigration (http://www.mondaq.com/article.asp?articleid=104198)
Non-EU immigration to the UK: the statistics visualised | UK news | guardian.co.uk (http://www.guardian.co.uk/news/datablog/2010/jun/26/non-eu-immigration-uk-statistics#zoomed-picture)
The federal government is seeking a limit on the total number of applications for Canada immigration to 20,000 annually
Canada to welcome high skilled and wealthy immigrants | Canada Updates (http://www.canadaupdates.com/content/canada-welcome-high-skilled-and-wealthy-immigrants)
Australia announced new visa ruler to target Indians
New visa rules not targeting Indians: Oz envoy - World News - IBNLive (http://ibnlive.in.com/news/new-visa-rules-not-targeting-indians-oz-envoy/125603-2.html)
This may be the result of global economic slowdown. But China and India are allowing more immigration. Now high skill immigration is a new measure of future economic growth.
It is true that US is a far better country for immigrants - it is a lot easier to assimilate in here than anywhere else in the world. US not fixing its immigration system will only make the brightest stay in the home country!!
Cannot fault them either for staying, who wants to be stuck in the gc system with no end in sight?
Here is what I found just in last 1 week.
Britain puts new cap on non-European high skilled immigration
United Kingdom, Immigration, Coalition Government Announces Temporary Migration Cap - Newland Chase - 30/06/2010, Government & Public Sector, Labour and Employment, Immigration (http://www.mondaq.com/article.asp?articleid=104198)
Non-EU immigration to the UK: the statistics visualised | UK news | guardian.co.uk (http://www.guardian.co.uk/news/datablog/2010/jun/26/non-eu-immigration-uk-statistics#zoomed-picture)
The federal government is seeking a limit on the total number of applications for Canada immigration to 20,000 annually
Canada to welcome high skilled and wealthy immigrants | Canada Updates (http://www.canadaupdates.com/content/canada-welcome-high-skilled-and-wealthy-immigrants)
Australia announced new visa ruler to target Indians
New visa rules not targeting Indians: Oz envoy - World News - IBNLive (http://ibnlive.in.com/news/new-visa-rules-not-targeting-indians-oz-envoy/125603-2.html)
This may be the result of global economic slowdown. But China and India are allowing more immigration. Now high skill immigration is a new measure of future economic growth.
It is true that US is a far better country for immigrants - it is a lot easier to assimilate in here than anywhere else in the world. US not fixing its immigration system will only make the brightest stay in the home country!!
Cannot fault them either for staying, who wants to be stuck in the gc system with no end in sight?
rameshvaid
08-16 12:40 PM
When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.
You might be right but my son is with me as of today on the same old B1. H1 might be a different scenario.
You might be right but my son is with me as of today on the same old B1. H1 might be a different scenario.
ragz4u
02-24 01:31 PM
Please take a look at page 249. If I understand it correctly, it mentions that the quota for EB1 goes from 28.6% of EB visas to 15%, EB2 goes from 28.6% to 15% and EB3 goes from 28.6% to 35%
That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!
Am I reading it right?
That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!
Am I reading it right?
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