sc3
06-20 01:50 AM
Thought I should share my EB-3 (horror) story:
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
Congrats on your approval. I see that you got your labor in less than a year, surprising you got stuck with 485, lots of the ones I know got their 485s within 8-10 months during 2004-2005 time frame. Of course being in west coast meant that we waited for our labor certs for about 3 years. Green Card, not unlike death, is a great leveler. Enjoy your GC.
BTW: Your lawyer is not necessarily wrong. USCIS will look into the company's other applicants, if most of them are applying for EB3 with your pay grade in your own company, then it becomes difficult to justify your EB2 position. USDOL may consider it as excessive tailoring of job requirements.
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
Congrats on your approval. I see that you got your labor in less than a year, surprising you got stuck with 485, lots of the ones I know got their 485s within 8-10 months during 2004-2005 time frame. Of course being in west coast meant that we waited for our labor certs for about 3 years. Green Card, not unlike death, is a great leveler. Enjoy your GC.
BTW: Your lawyer is not necessarily wrong. USCIS will look into the company's other applicants, if most of them are applying for EB3 with your pay grade in your own company, then it becomes difficult to justify your EB2 position. USDOL may consider it as excessive tailoring of job requirements.
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lazycis
12-18 10:49 AM
All you need to send is a letter saying that you invoked AC 21; also attach supporting documents, i.e. employment offer from your new employer describing job title, duties and salary and stating that employer intends to hire you permanently after you receive GC; documentation showing that your I-485 has been pending 180 days or more before you've changed jobs.
Carlau
06-19 09:20 PM
Sats123
May be you are able to find here your job description http://www.flcdatacenter.com/CasePerm.aspx - select the year in which your labor was filed and download the database, please let me know.
May be you are able to find here your job description http://www.flcdatacenter.com/CasePerm.aspx - select the year in which your labor was filed and download the database, please let me know.
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Canuck
02-24 06:26 PM
Read this:
http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf
What I can gather from this is that USCIS is going back on its original position of asking the FBI to expedite Name Check cases.
http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf
What I can gather from this is that USCIS is going back on its original position of asking the FBI to expedite Name Check cases.
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andycool
12-21 12:29 PM
I think Meera Shankar needs to be fired. Its bloody 2010 and this is the kind of customer service the indian consulates provide - they dont pick up calls - it takes them a month to issue new passports - Always feel ashamed to be an indian any time I have to deal with these useless consulates.
The Houston consulate does not even have their address properly listed on their website.
This is what they have listed
1990, Post Oak Boulevard,
# 600, 3 Post Oak Central,
Houston TX 77056
So what is the correct address ?? Is it 1990 Post Oak Blvd or 3 Post Oak Central ?? Bunch of freaking idiots is what we have in all these US consulates.
Pooja I understand your pain ..
INDIAN CONSULAR SERVICES ARE BAD
THEY NEVER ANSWER THE PHONE CALLS ....I WAITED FOR 1-2 HRS EVERY TIME WITH NO ANSWER ..
THEY DONT REPLY TO EMAILS ...
The Houston consulate does not even have their address properly listed on their website.
This is what they have listed
1990, Post Oak Boulevard,
# 600, 3 Post Oak Central,
Houston TX 77056
So what is the correct address ?? Is it 1990 Post Oak Blvd or 3 Post Oak Central ?? Bunch of freaking idiots is what we have in all these US consulates.
Pooja I understand your pain ..
INDIAN CONSULAR SERVICES ARE BAD
THEY NEVER ANSWER THE PHONE CALLS ....I WAITED FOR 1-2 HRS EVERY TIME WITH NO ANSWER ..
THEY DONT REPLY TO EMAILS ...
dealguy007
05-12 09:35 AM
The bill text says there is NO fee and the applications need to be processed expedited.
--------------------------------------------
SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.
Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.
--------------------------------------------
So once this bill passes, we can just forget about legal immigration applications for 2 ~3 years, until all illeagul and UNDOCUMENTED applications are processed.
This is going to effect all legal immigrant community, think about waiting for AP, EAD, H1B application and guess people might have to suffer loosing jobs while waiting for these applications processed.
Hope they don't pass this bill and kick us back by 5 Years.
I don't see a relation between Obama saying ..... Cisco, Intel, Ebay started by Immigrants and DREAM. Those Immigrants he is referring to are from India/China and DREAM are from Mexico.
Am i missing something here?
--------------------------------------------
SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.
Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.
--------------------------------------------
So once this bill passes, we can just forget about legal immigration applications for 2 ~3 years, until all illeagul and UNDOCUMENTED applications are processed.
This is going to effect all legal immigrant community, think about waiting for AP, EAD, H1B application and guess people might have to suffer loosing jobs while waiting for these applications processed.
Hope they don't pass this bill and kick us back by 5 Years.
I don't see a relation between Obama saying ..... Cisco, Intel, Ebay started by Immigrants and DREAM. Those Immigrants he is referring to are from India/China and DREAM are from Mexico.
Am i missing something here?
more...
psaxena
11-19 03:59 PM
whose gonna do this???? Show me one who is going to do this..
I don't see anyone coming forward. So yeah please continue.
Also anyone for a seperate quota for JHUMRI TALIYA? Like me they are intelligent smart and focussed most of all they are willing to do something. So how about a seperate quota for JHUMRI TALIYA?
Come on this way we will get the GC much before than anyone else...
I don't see anyone coming forward. So yeah please continue.
Also anyone for a seperate quota for JHUMRI TALIYA? Like me they are intelligent smart and focussed most of all they are willing to do something. So how about a seperate quota for JHUMRI TALIYA?
Come on this way we will get the GC much before than anyone else...
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optimystic
10-24 02:32 PM
Ignore the IOs, just talk to your Senator or Congressman. They will be able to help you out. I was stuck in name check for more than 3 years. My congressman did not help but the senators office had a namecheck cell and they help out with genuine cases. The person there helped me clear my name check in 2-3 months (talk, dont email, send certified letter with details after talking to them). Had i known this earlier I would have had contacted them earlier and would have gotten my GC in June 07. My lawyer sdid not allow us to contact the IOs for information and i suffered big time because of that. Based on my experience all i can say is be proactive.
Thanks for the pointers.
In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.
To answer another question from another poster, yes, I have been with the same company since 2001.
Thanks for the pointers.
In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.
To answer another question from another poster, yes, I have been with the same company since 2001.
more...
JazzByTheBay
09-21 01:08 PM
Noticed you joined in September 2007, and this is your 5th post. Welcome to IV!
Were you present at the rally? I'm guessing you weren't.
IV represents high-skilled, educated, professionals - most of us don't expect to see major changes happen overnight. We do not expect the United States Congress, or the Senate, or the White House to fall in love with our cause instantly and issue us green cards by the weekend!
Nevertheless, the process of educating lawmakers, the media, and the country should continue.
The rally was just another step, albeit a significant one. It's symbolism isn't lost on anyone who attended. A significant number of meetings were held on lobby day.
cheers!
jazz
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Were you present at the rally? I'm guessing you weren't.
IV represents high-skilled, educated, professionals - most of us don't expect to see major changes happen overnight. We do not expect the United States Congress, or the Senate, or the White House to fall in love with our cause instantly and issue us green cards by the weekend!
Nevertheless, the process of educating lawmakers, the media, and the country should continue.
The rally was just another step, albeit a significant one. It's symbolism isn't lost on anyone who attended. A significant number of meetings were held on lobby day.
cheers!
jazz
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
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mmj
04-28 08:05 AM
Yeah - I should have clarified that when I said most - I was refering to people whose PD is before 2006.
not "most"!! only few have a wait of 3-4 years, most have a wait of over a decade....the numbers of applications pending at AOS stage at USCIS is scary
not "most"!! only few have a wait of 3-4 years, most have a wait of over a decade....the numbers of applications pending at AOS stage at USCIS is scary
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dingudi
12-28 11:51 AM
This is my first post so forgive if I am not in the right place,
But I have situation where in I need your inputs to decide.
I am working at a clients place and they willing offer me a full time position.
My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
Please Advice!
I would suggest to wait for I-140 to be approved. Once I-140 is approved , PD belongs to you. You can then move to another employer and then restart GC and port the PD with the new employer when they file for I-140. There is a grey area where I am not sure if old employer withdraws I-140 , if you will still be able to port the PD. Some say you cannot port previous PD if previous I-140 is withdrawn due fraud or misrepresentation. Some say if its withdrawn then thats sufficient to lose the old PD no matter what the reason of withdrawl is.
But I have situation where in I need your inputs to decide.
I am working at a clients place and they willing offer me a full time position.
My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
Please Advice!
I would suggest to wait for I-140 to be approved. Once I-140 is approved , PD belongs to you. You can then move to another employer and then restart GC and port the PD with the new employer when they file for I-140. There is a grey area where I am not sure if old employer withdraws I-140 , if you will still be able to port the PD. Some say you cannot port previous PD if previous I-140 is withdrawn due fraud or misrepresentation. Some say if its withdrawn then thats sufficient to lose the old PD no matter what the reason of withdrawl is.
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Libra
07-17 09:39 AM
I refreshed 100 times, but shows june 18th, is there something am missing?
It is not. You may need to refresh your page.
https://egov.uscis.gov/cris/jsps/ptimes.jsp
I wonder people never leave a chance to bully (just because it was my first post)
It is not. You may need to refresh your page.
https://egov.uscis.gov/cris/jsps/ptimes.jsp
I wonder people never leave a chance to bully (just because it was my first post)
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BharatPremi
03-24 03:24 PM
http://immigrationvoice.org/forum/showthread.php?t=5482
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indianindian2006
04-13 03:50 PM
Looking at this latest bullet from USCIS it feels that Eb3 and even Eb2 Indians and illegals have only hope in CIR.What a sad state for indians.
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payur
06-27 08:41 AM
Hi Rajakannan:
You fall under either of the following two.
Positive thinking: You are a Gandhi
Realistic Thinking: You are smart .
Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.
Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..
I donot even understand, how you can think like this...
Please donot open thiskind of discussion, people have better things to do in life than reading this..
Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...
BTW: can you post your PD details...
best wishes.
HOPE_GC_SOON, I would think he is more of Gandhi. See his history, that will answer all :)
You fall under either of the following two.
Positive thinking: You are a Gandhi
Realistic Thinking: You are smart .
Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.
Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..
I donot even understand, how you can think like this...
Please donot open thiskind of discussion, people have better things to do in life than reading this..
Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...
BTW: can you post your PD details...
best wishes.
HOPE_GC_SOON, I would think he is more of Gandhi. See his history, that will answer all :)
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mirage
02-03 09:41 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...
more...
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shreekhand
08-12 10:00 AM
Sorry... but what kind of a question is that ? You applied for "Permanent" Residence without understanding what it stands for ?
You are not obligated to apply for citizenship if you are a permanent resident.
Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?
You are not obligated to apply for citizenship if you are a permanent resident.
Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?
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485InDreams
08-20 06:27 PM
If i get correctly...Labour Substitutionhas been banned..right???
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jonty_11
07-19 02:42 PM
as long as emplyer employee relatioship exists u r OK..
So if u can get a letter (if REF'ed upon) from ur employer(former) that u were on Leave/vacation or whatever, during that period....u should be fine.
Go to USCIS.gov and readup on H1B FAQ and u will see this statement: Dont ask for a link....research.
So if u can get a letter (if REF'ed upon) from ur employer(former) that u were on Leave/vacation or whatever, during that period....u should be fine.
Go to USCIS.gov and readup on H1B FAQ and u will see this statement: Dont ask for a link....research.
lazycis
01-27 05:01 PM
Your case is a bit different, I am not sure if you could avoid paying back as GC process is for your benefit so a company could request a pay-back, even though amount is a bit high and you did not get anything in return. I would compare it to a situation where company gives an employee a laptop and expect person to return it when s/he leaves a company.
helloh1's clause is different - company receives benefits by training its employees so it's just plain wrong to request a pay back in that case.
So just forget about it and move on, we all make mistakes and here in the US those mistakes usually cost money.
helloh1's clause is different - company receives benefits by training its employees so it's just plain wrong to request a pay back in that case.
So just forget about it and move on, we all make mistakes and here in the US those mistakes usually cost money.
thankgod
05-11 10:20 PM
Ahhh !!!! the junior members come out of the wood work with enthusiasm and fire. let us see how long this lasts !!!!, Only untIl the next VB I would assume
Come on Kid ..Grow up. This is is showing your childish behavior.
What makes you difference between Member and Junior Member. Why do you want to care about that.
If you wanna care about that really , we will make you CIO of this forum LOL.
I think I spent too much time for you.
Come on Kid ..Grow up. This is is showing your childish behavior.
What makes you difference between Member and Junior Member. Why do you want to care about that.
If you wanna care about that really , we will make you CIO of this forum LOL.
I think I spent too much time for you.
