Sunday, June 26, 2011

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  • 485Mbe4001
    06-13 02:24 PM
    We had a discussion with our company lawyers about this. We wanted to know if it was possible to file for EB2 after a promotion. They told us the following and said we cannot change (dont know if its bs, you talk to your lawyer.)
    a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
    b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
    i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.


    I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:

    I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.

    I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.

    Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.

    Can I change to EB-2? What do I need to do? What are the risks?

    Any/all pointers will be appreciated

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  • sanju
    02-17 05:16 PM
    Today, I filed an official complaint with IRS about this employer. They told, they are going to send a notice asking the employer to reply to the tax bearer within 10 days from the receipt of the letter. I don't know how the employer is going to react and if they would still provide a corrected W2. Hoping, they would provide, otherwise I would have to call IRS again after another 2 weeks time. I had to be on the phone line for almost 30 mins to reach the IRS customer representative. It is a real pain.

    Employer will send the W-2. They will in big trouble if they don't. Also, there could be possible more scrutiny/audits of their accounts.


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  • kevinkris
    10-06 08:58 PM
    I was just quoting that there may be legitimate reasons but this is not a good reason...

    Fully aware this is not the right time to correct eachother, but their is something in me that forces me to dis-approve your comment on " ... legitimate cause for sucide". I hope you will take it in friendly spirit.

    We all are fighting our battles on all levels in all the different ways it financial, social, family or professional. And in some of these we will win and inothers we shall lose, if not have. And it might be that mental illness drove this young man into such desperate direction, but little did he realize the consequences of his near-sightedness. No matter how depressing and gloomy it may appear, we should not forget that tommorow can be better. Life is a cherished previliage given to us and we should put to it's best intended use as per God's will.

    So let's be brave and encourage eachother so that no-one else show up on news in manner the departed souls. My deep sympathys to those affected by this tradegy and apologizes for any un-wonted offence.

    Be brave, be strong ...

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  • makemygc
    06-15 12:09 PM

    Can any one tell me is it necessary to Get medical done by Dr. only around ur location.

    Reason for asking is I live in NJ. And i got an appointemt with DR. Kim in NY as i know him through somebody else.
    He is also more reasonable asking around 190/-


    He is definitely not reasonable if he is asking only 190/- becuase that should just be the physical. Immunization and xray might increase your cost. Check with your doc.


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  • meimmi
    04-07 11:28 AM
    Hi Everybody, I have a question to the people who already invoked AC21? Do we need the I-485 receipt to invoke AC21 or can we use I-797C(Biometrics notice) as proof of AOS pending? My employer and employer's attorney did not agree to give me the I-485 receipt. I filed FOIA but did not get anything yet. I could file EAD and AP online and send the biometrics notice as supporting doc, received EAD and AP is pending. Does anybody know if there is any other way to get the I-485 receipt or is it really needed for AC21?

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  • satishku_2000
    12-24 01:03 PM
    People say things could be worse . No wonder they have a cut off date of 2001 ...


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  • chem2
    04-22 05:46 PM
    Filed with VT service center in early Dec '07. RFE issued 4/14/08. Lawyer should have already responded to RFE. Hopefully approval is a few days away.

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  • jonty_11
    05-22 03:12 PM
    Just thinkin g abt it....what is AILA's position...they will get a lot of business with this BILL..all illegals will flock to them.....including us all when we become illegals ( man that going to be fun...) i just luv the idea


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  • Canadian_Dream
    05-24 07:33 PM
    He was reading this.

    "I feel frustrated, angry, deceived," said Mahesh Pasupuleti, a software engineer in Emeryville who came from India eight years ago on an H-1B visa and has applied, with his employer's sponsorship, for a green card. Under the changes, he wouldn't be able to stay longer than six years, even if he were in line to receive a green card.

    True, Savage is not for us. He is unpredictable as someone mentioned above. Today, he was quoting from an article which mentioned about immigrationvoice. He was reading the plight of some Mahesh ... . He said to go to home country. All H1B's came on a big lie. Oracle who is lobbying for H1and Mr Gates are all greedy etc. He was going on and on.

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  • roseball
    04-09 05:25 PM
    Thank you axp817 and roseball.

    My I 140 got approved just after moving to company B

    My old attoney only filed I485 with old labor and I 140.

    To summarize your case, you got your LC approved from company A and filed I-140. Then left company A and joined company B. You got your I-140 approved after joining company B so your attorney from company B applied I-485 based on the I-140 approval from company A. Did I get this right?

    If so, I hope you are not currently working on EAD. Only way you can save your I-485 petition is if you can get an offer letter from company A stating that you will be re-hired upon GC approval. I hope this is possible and I wish you good luck.


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  • bank_king2003
    01-18 04:44 PM
    This is the supervisor's information at newark airport and he is very keen to note that nobody is treated in an unprofessional manner. basically he is the manager of all CBP officer at newark

    Newark International Airport Domenico Calise (973) 368-6000

    please bring this incident of rude CBP officer at newark by calling above number so that they can take appropriate action against all the ill-treatment.


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  • greencardfever
    02-17 12:43 PM

    I'm a bachelor and applied for 485 in July '07. I got my EAD, AP, FP etc. I'm using my H1B visa to work (not my EAD).

    I'm currently working for Company X that filed by 485. If I do an H1B transfer and work full time for my client, Company Y, then after getting married and my priority date becoming current, who has to file my spouse's 485 - Company X, Company Y or can I go to any independent lawyer that is not working for Company X or Y?

    Is the 485 application linked to the company that filed my labor and 140?

    Please let me know.



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  • another one
    02-22 09:45 AM
    Majority Leader Harry Reid, Nevada Democrat, is "committed to getting something done this year," his spokesman said.

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  • gapala
    01-06 10:55 AM
    Can anyone pls respond to my situation. Thanks...

    I guess PO should be fine. I am sure your attorney will also include a letter explaining the situation as well right?
    Which service center did you apply for H1 Extension? NSC?


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  • ash0210
    08-26 03:42 PM
    I have EAD for couple of years & when I moved to Ohio, I was issued 4 years DL. They did look at I-94 (I travelled on AP having one year validaty on I-94), also they DID NOT looked at my EAD expiry date..They asked very simple question - Do you have your SSN? Thats it..!

    C'mon...Guys, come to will get DL for 4 years..

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  • nk2006
    09-22 02:37 PM
    I called all reps but still dont see any news related to schedule on calendar. Tried diff browser and cleard cache.

    It is there on house judiciary committee page - its the first item. Scheduled for 1PM - one of the bills is HR5882.


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  • kondur_007
    08-21 04:44 PM
    thanks, it sure clarifies things.. and from what I read, these applications work in parallel. RFE on one application has no efffect on the other one. you just have to wait for one of them to come through, mostly probably EB1A. once you get approved on EB1A, they will cancel the remaining 2 applications. Good luck..

    Yes, that's what my understanding is as well.
    Thanks and good luck to you too.

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  • eager_immi
    01-24 07:24 PM
    I think the only people who would oppose this are the ones who are not really contributing. I think it is quite appropriate to have that information. Beacause it will encourage people to contribute something like the domino effect.

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  • lost_angeles
    06-29 08:47 PM
    Thanks Dhundhun

    You need to follow instructions. It makes no difference in processing time if your I-485 application is pending in NSC and based on instruction you need to apply in TSC and Vice Versa.

    In fact I think, load sharing is going on. I applied I-765 at NSC but case is handled by MSC. Don't be surprized, that you apply at TSC and case being handled by other office.

    08-19 09:57 AM
    The realistic answer is no. It is almost impossible to get eb2 in software jobs. On an average it is taking more 9 months to get labor clearence that too if it is eb3. if you are trying eb2 that is almost a definite audit. We have a case in our company which was stuck in audit (eb2) for more than an year now. our company and attorney have a policy that they are no longer filing eb2 (offcourse it is a different matter than they are no longer filing any green card application because of layoffs). So unless you are working for a desi "con"sultant company not many american companies (almosy none) are filing eb3 green card perm applications leave alone eb3 to eb2 conversions. Even desi companies are scared shit because USCIS is knocking the living daylights out of them. Even desi companies are scared of filing eb3 green card perm applications leave alone eb2.

    we are living in a different age now where there are reports that USCIS is sending out invistigators to look into even ac21 cases. Enforcement has gone up, hint :last year h1 got filled on day 1, we are almost 6 months since h1 opened and only 45k h1 have been filled, the reason is USCIS is giving all sorts of rfe, so nobody is filing for h1. Forget about porting as in this environment you will not even find somebody doing eb3, only day dreamers will think of some company willing to file eb2 in software.

    My wife has more than 5 years of US experience and we cant even get her employer to file Eb3 because they are saying they are getting tons of resumes in response to advertisement and they dont want to do any green cards for atleast an year.

    As slim a chance as it is, visa recapture or some administrative fix like a temporary green card or relaxation of ac21 regulations like same semilar job restrictions is our best bet.

    Hi All,

    I am on H1B from 1998, 12th year and counting.

    I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.

    I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.

    I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.

    I think that the dates for EB3 will not move any further in any near future.
    My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.

    Please advice.

    Thanks in Advance.

    06-04 11:27 PM

    can you help out a little please?
    we need to keep ask members to send faxes

    thank you